tender document for appointment of contractor for …

Tender No. CWC/RO-DLI/H&T/ICD-PPG/2020-21 Dated: 28.08.2020

1

TENDER DOCUMENT

FOR APPOINTMENT OF CONTRACTOR FOR

HANDLING & TRANSPORTATION OF ISO

CONTAINERS AND ALLIED SERVICES AT

INLAND CONTAINER DEPOT (ICD),

PATPARGANJ, DELHI

CENTRAL WAREHOUSING CORPORATION

(A GOVT. OF INDIA UNDERTAKING)

REGIONAL OFFICE

SCOPE MINAR, CORE-3, 1st FLOOR,

LAXMI NAGAR DISTT. CENTRE

DELHI-110092

Ph: 011-22444334


2

THIS TENDER DOCUMENT CONTAINS TWO PARTS

Part – I: Technical Bid (Pages 1 to 124)

Part-II: Price Bid (Pages-125 to 142)


3

PART-I (TECHNICAL BID)

(Pages 1 to 124)


4

INDEX

Reference Particulars Pages

-------- E-Tender Notice 5 -15

-------- Format of The Covering Letter 16-17

-------- Instructions to Tenderers 18 - 38

-------- General Terms & Conditions 39-88

APPENDIX-I Schedule of Rates 89-(125-

141)

APPENDIX-II Format of Agreement 90

APPENDIX-III Format of Bank Guarantee 91-92

Annexure-I MSME Registration document 93

Annexure -II Work Experience Certificate 94

Annexure -III Self-certificate Regarding black listing, Conviction etc 95

Annexure -IV Undertaking of downloading of tender document 96

Annexure -V List of equipment, vehicles owned/tie- up 97-98

Annexure -VI Consent for Tie-up arrangement 99

Annexure -VII Undertaking to provide required equipment/trailers 100

Annexure -VIII Sole proprietor Affidavit 101

Annexure-IX POA in favour of Partner/Authorized person 102-103

Annexure -X Net Worth Certificate 104

Annexure -XI Undertaking by the person signing the tender 105

Annexure -XII Compliance of Bid requirement 106

Annexure -XIII Pre-contract Integrity Pact 107-113

Annexure -XIV Police verification report or Undertaking 114

Annexure –XV Copy of EPF Registration, Labour License, The

Carriage by Road Act,2007 and Food Safety and

Standard Act,2006 OR Undertaking

115

Annexure –XVI-A Memorandum of Understanding 116

Annexure –XVI-B Letter of Commitment from Consortium/Joint Venture

Partners

117-118

Annexure –XVII Profile/write up duly signed from the tenderer 119-120

Annexure -XVIII Checklist of document uploaded 121-123

Annexure –XIX Volume of Operations 124

-------- Price Bid 125-141


5

Notice Inviting E-Tender

Central Warehousing Corporation invites online tenders (e-tenders) under two bid system from the

interested professionally competent and financially sound parties for appointment of regular

Handling & Transport Contractor for handling containers and cargo as well as transportation of

loaded/empty ISO containers and other allied operations at ICD-Patparganj, Delhi.

Scope of

Work

Handling containers and cargo as well as transportation of loaded/empty

ISO containers and other allied operations between ICD-Patparganj and

ICD Loni / Loni Rail Siding/ ICD-TKD/TKD Rail Siding/any other ICD

in Delhi/NCR within 100 Kms.

Tender

Notice

Tender documents will be available on websites:

www.cwceprocure.com /www.cewacor.nic.in/ www.tenderwizard.com/

or CPP Portal http://eprocure.gov.in. The tender can be submitted

online only at website: www.cwceprocure.com.

Tender Type OPEN

Schedule of

e-Tender

Documents downloading date &

time

From 10:00 hrs on

28.08.2020 upto

15:00 hrs on

17.09.2020

Pre-Bid Clarification/

suggestion meeting

At 14:00 hrs on

09.09.2020 at CWC,

Regional Office, Delhi

Last date and time for seeking

Enquiries/Clarifications

Upto17:00 hrs on

10.09.2020 at

Regional Office, Delhi.

Last date and time of online bid

submission

Upto 15:00 hrs on

18.09.2020

Last date and time for

submission of EMD & Tender fee/

Processing Fee

Upto15:00 hrs on

18.09.2020

Date & time of online

Technical Bid opening

At 15:30 hrs on

18.09.2020

Date & time of online Financial

Bid opening

Will be intimated later

on.

Bid Validity 90 days further extendable by thirty days from the date of

http://www.cwceprocure.com/

http://www.tenderwizard.com/



6

Period opening of technicalbid

Period of

Contract

Five Years from the date of taking up the work at

ICD-Patparganj, Delhi

Cost of tender

Rs.5900/-(Rupees Five Thousand Nine Hundred only) inclusive

of all the taxes/GST (18%) to be paid through e-payment gateway

to Central Warehousing Corporation, Regional office upto 15:00

Hrs. of 18.09.2020 as per details given below under EMD

column.

Tender fee &

Processing

Fee

Rs.885/- (Rupees eight hundred and eighty five only) inclusive of

applicable GST(18%) to M/s ITI through e- payment through the

portal www.cwceprocure.com (before uploading the tender)

before 15:00 Hrs. of 18.09.2020.

EMD

Rs. 16,70,000/- (Rupees Sixteen Lakh Seventy Thousand only) to

be paid through e-payment gateway to Central Warehousing

Corporation, Regional office, Delhi upto 1500 Hrs. of 18.09.2020

Value of

Contract

(i) Estimate Value of Contract: 41.75 Crore

(ii) Estimated Annual value of Contract: 8.35 Crore

Eligibility

Criteria

Tenderer should fulfil following conditions:

(i)Experience The tenderer should have minimum three years (03) proven experience

out of preceding five years(05), from the date of issue of NIT, as H&T

contractor/ Shipping Agent/Shipping Company/Shipping Line/Customs

Broker/Consolidator/NVOCC Operator/3PL Service Provider/

Container Terminal Operator/ CFS Operator/ ICD Operator/

Transporter/ Logistics Service Provider for Handling & Transportation

of containers / containerized cargo, providing labour, equipments such

as Tractor-Trailors, Reach Stackers, Forklifts, Crane, CBT etc., in a

Container Freight Station / Inland Container Depot of a Govt. Dept /

PSU / Public Limited Company dealing with similar type of work.

(a)The tenderer should have experience of Handling and / or

Transportation of minimum number of 2875 TEUs during any of the

three financial years (each), out of the preceding five financial years.

The tenderer should have direct experience i.e. they should have

undertaken the work of Handling and / or Transportation of

containers on their own and not through any other contractor. The

experience submitted as sub-contractor shall not be accepted.



7

(b) “In case of Consortium / Jt. Venture the experience of container

handling and transportation as mentioned above shall be determined

by adding together the experience of all partners of consortium / Jt.

Venture. However, as a qualifying criterion, the lead partner must

have at least 60% of minimum experience required”.

(ii) Average

Annual

Turn Over

The tenderer should have minimum average annual turnover of

Rs. 2,50,50,000/- (Rupees Two Crore Fifty Lakh Fifty Thousand

only) (in the same name for which is submitting the offer) during

preceding three financial years. The average minimum annual

turnover of preceding three FYs should not be less than 30% of the

estimated annual value of advertised tender.

(iii)

Equipments/

vehicles

Tenderers should be in a position to make available the following

equipment / vehicle, owned or through tie-up (leased/hired) with other

supplier/ agency/ partner, for which a letter of commitment or tie-up

with the supplier/ agency partner shall have to be submitted along with

the tender:

S.

No

Name and type of

the equipments

Capacity Minimum

total

requiremen

t

Minimum

to be

owned

Manufacturing year on

or after

(1) (2) (3) (4) (5)

1 Reach Stackers 40 MT 2 NIL Manufactured on or after

27.08.2015

2 Heavy Duty Mobile

Cranes

30-40 MT 1 NIL In Good Working

Condition

3 Hydra Crane 12 Tons or less 1 NIL In good

working condition

4 Forklift 10 MT 2 NIL Manufactured on or after

27.08.2015

5 Low Mast Forklift 3 MT 15 5 Manufactured on or after

27.08.2015

6 Tractor Trailers Capable to

transport 20‟ &

40‟

loaded/empty

containers

15 5 Manufactured on or after

27.08.2015

7 Hand Trollies - 60 30 In Good Working

Condition

Note-

1

“Bidders who do not own the equipment(s) and vehicle(s) of required model &

year of manufacture, as specified in the tender document at the time of bidding but

are in ownership of required number of equipment and vehicles of lesser model

(year of manufacture) to fulfil the minimum eligibility criteria can also participate


8

in the bidding, provided they give an undertaking to the effect that in case they are

declared successful and the contract is awarded to them, they bind themselves to

purchase (have the ownership in their name) and deploy the equipment and

vehicles of required vintage (year of manufacture) within 120 days of award of

contract to fulfil the minimum ownership criteria as laid down in the tender

document”. This is applicable only for the owned equipment, not the leased / hired

as per column 4

2 The successful tenderer shall ensure that all equipment, trailers as required under

NIT/Tender, are physically verified at ICD Patparganj by CWC officers, within 30

(thirty days) of award of contract, failure to comply this requirement, may lead to

penalty as provided in the tender document.

(iv) Tenderer should not have been black listed by CWC, or any Central / State Govt. /

PSUs or Local Govt., Deptt/ Autonomous Body. Tenderer should not have been debarred

from participation in the tender process. Contract of tenderer should not be terminated

before expiry of contract period or Performance Guarantee / Security Deposit/EMD should

have been forfeited by CWC, FCI or any other Public Sector/Govt./ Quasi Govt.

Organization/ any other client. Tenderer (Sole Proprietor/Partner of firm/ Director of

company should not have been convicted by any court of law for three years or more

(However, tenderer will be eligible, if acquitted by higher court).

(v) Tenderer shall also submit required document/ declaration/ undertakings as mentioned

at S/No.12 of Note and in the tender document.

(vi) Net Worth

Certificate

Tenderer should have Positive Net worth and shall furnish certificate

from the C.A. firm, based upon latest completed (audited) Annual

Accounts.

NOTE:

1. INFORMATION FOR ONLINE PARTICIPATION: -

A) All the bidders are requested to get themselves registered well in advance and no extra

time will be considered for the delay in online vendor registration, if any. In case,

bidders wait till the last moment for uploading tenders, and if any technical problem

encountered at that time, the bid closing time may elapse. Payments shall be subject to

realization/confirmation on the e-tender portal by way of a unique transaction reference

number. Bids for which EMD & Tender Processing Fee has not been received shall be

rejected and the bidder will be out of race.

B) If any bidder wishes to participate in the Corporation tenders, bidder has to register

their firm in our website www.cwceprocure.com for online e-tendering in

consultation with our service provider M/s ITI.

C) The bidder shall require class III digital signature/digital security certificate for

participating in Corporation e-tendering process (for log in, downloading and

uploading of bid documents or for submitting the e-bid documents). Digital signature


9

can be obtained from any of the authorize agency of CCA (Controller of Certifying

authorities) for this a separate processing fee would be payable to the authorize agency

of CCA. However, if valid, class III digital signature is available with the bidder the

same can be used.

D) The bidder has to register (if not registered earlier) by clicking on the REGISTER ME link

on the website www.cwceprocure.com. Central Warehousing Corporation has waived off

registration charges of Rs.5000/- with effect from 17.07.2018 for vendors and customers

who intend to participate in e-tender & auction portal www.cwceprocure.com.

The detailed procedure for registration is as under:

i) Go to the url: - www.cwceprocure.com

ii) Click on the REGISTER ME link

iii) In the Vendor Registration form, vendor has to fill up the applicant details, digital

signature information, correct e-mail address and submit form.

iv)The user-id and password are generated in the form of Acknowledgement.

E) The person authorized to participate in the bidding on behalf of the

bidder i.e. Authorized Signatory can submit the bid under Digital

Signature none otherthan the one issued to him. Noncompliance will lead

to summarily rejection of the bid.

F) Enquiries/Clarification, if any may be submitted upto 17:00 hrs on

10.09.2020 to Regional Manager, CWC, RO, Delhi. Clarifications will

be published on the CWC website www.cewacor.nic.in.

G) DOWNLOADING OF TENDER DOCUMENT: -The tender document is

available only in electronic format which the tenderers can download

free of cost from the above-mentioned websites.

H) SUBMISSION OF TENDER: -Tenderer shall submit their offer in

electronic format on the website www.cwceprocure.com, on or before

the scheduled date and time as mentioned above. No offer in physical

form will be accepted and any such offer, if received by Central

Warehousing Corporation will be out rightly rejected.

I) Tenders not accompanied with all annexures duly filled in and

signed along with scanned copies of supporting documents duly

self-attested under valid digital signature shall be liable to be

rejected.


http://www.cewacor.nic.in/


10

i. Checklist: A checklist as provided with the Template for Step-1: Pre-

qualification (Technical) Bid is also required to be duly filled and

uploaded.

ii. Tenderers who wish to participate in e-tender enquiry need fill data in

pre-defined forms of Pre-qualification (Technical) Bid, Price/

Commercial Bid in Excel formats only.

iii. After filling data in pre-defined forms, tenderers need to click on final

submission link to submit the encrypted bid.

iv. In the event of any document being found fabricated/ forged/

tampered/ altered/ manipulated during verification, the EMD of the

tenderer shall be forfeited and he/they himself/ themselves

would disqualify for future participation in the tenders of Central

Warehousing Corporation for the next 05 (Five) years.

v. In case any of the uploaded documents is not legible then the

Corporation reserves the right to call for legible hard copies of the same

and/or originals for scrutiny/ verification. In such a case the bidder

must furnish the documents called for within the stipulated time

either by post/courier or in person.

vi. The Central Warehousing Corporation reserves the right to accept/

reject the tenders without assigning any reason and the decision of

t h e Corporation shall be final and binding on the tenderer.

J) Tenderer registered under micro and small enterprises (if applicable) - Micro &

Small Enterprises (MSEs) registered with the prescribed agencies are exempted

from payment of EMD and cost of tender and should upload/enclose the proof of

their being registered with agencies. An attested/ self-certified copy of valid

registration certificate, with all the details such as validity and services etc. is to be

provided. Their registration should be valid as on last date of submission of tender

and they should also mention the terminal validity, if applicable, of their

Registration ,if applicable, failing which their offer shall not be considered for

benefits detailed in MSE Notification of Govt. of India dated 23.3.2012 or any

other notification issued thereafter as amended from time to time.

K) The Corporation while making technical evaluation reserves the right to satisfy itself by

physical verification about the availability of equipments by the tenderer.

L) Intending tenderers are advised to visit the site of operation and also to go through the

tender documents for acquainting themselves with the nature of work, Infrastructure

facility at CFS & nearby area and the terms & conditions. Once the tender is submitted,


11

the tenderer deemed to have clearly understood of all terms & conditions of

tender/contract, nature of work and infrastructure facilities and no claim of any type,

regarding location/ infrastructure facilities, nature of operations etc, will be entertained

by the Corporation and all terms & conditions of tender/contract will be binding to the

Contractor.

M) Tenderer shall execute Pre-Contract Integrity Pact with the Corporation in the format

as given at Annexure-XIII. Non-fulfilment of this requirement shall lead to disqualify

the tenderer.

N) E-Tenders received after 15:00 hours on 18.09.2020 shall not be considered. The

Corporation would not entertain any request for admitting tender received late on A/C of

delay by congestion in server /website or any other reason. The bidders are advised to

submit their bids well in advance to avoid last minute rush on the system. No complaints

will be entertained with regards to non-submission of bids online at last minute due to

congestion in server system.

O) The date and time for opening rate quotations will be informed to the technically qualified

tenderers individually. If the date up to which tender is open for acceptance happens to be a

holiday, the tender shall be deemed to remain open for acceptance till the next following

working day. The decision relating to technical qualifications of the parties will rest with

the Corporation. The Corporation will be at liberty to accept or reject any of/all the tenders

without assigning any reason thereof

P) If any Tender is withdrawn or modified before, the date up to which the tenders are valid

for acceptance, the Earnest Money of the tender shall stand forfeited and the tender shall be

summarily rejected.

Q) Tender form and documents shall be uploaded by the tenderer, under valid digital signature/

certificate and there is no need to sign the documents manually as documents uploaded

under DSC are deemed to be digitally signed. The tenderer while signing the tender would

be deemed to have read and understood all the conditions of the tender which will be

binding on him. However, the successful tenderer shall sign each & every page of tender

document at the time of execution of Agreement.

R) No definite volume of work to be performed can be guaranteed during the currency of

the contract and the tenderers should note that no claim for compensation arising

directly or indirectly shall be entertained by the Corporation in this regard.

S) Any amendment /corrigendum to the Tender, as and when required, will be uploaded only

on the website of the Central Warehousing Corporation, e-Procurement platform and

related Government of India e-procurement websites, where this tender is floated and

interest vendors should regularly visit these websites for updation. Only at the time of

inviting offers, there will be a paper advertisement in newspapers, as per guidelines in


12

force. There will be no further paper advertisement for Corrigendum etc and interested

parties have to keep referring to the website for further information. The Central

Warehousing Corporation/Tender Inviting Authority shall not be responsible for any

claims/issues arising out of this.

T) The tenders are to be submitted in two parts,

Part-I: Technical Bid:

Bidder must upload digitally signed Tender Form and scanned copies of below

mentioned documents in support of their eligibility along with the Technical Bid.

NOTE: Rates should NOT BE FILLED in price bid. while uploading Tender Document in

Technical Bid. Rates will be filled in separate Excel Sheet only, of price bid.

(A) Mandatory Technical Bid documents:

(i). (a) Proof of Tender Cost

(b) Proof of EMD

(ii) MSME Registration document (if applicable) to claim exemption from Tender

Cost and EMD, if applicable, - Annexure -I.

(iii) Copy of Work Experience Certificate(s) showing proven experience in the

given format- Annexure -II

(iv) Self-Certified Copies of (a) audited Balance Sheet (b) Statement of P/L

Account of last three FYs.

(v) The annual gross turnover of the company/firm for the last three years duly

certified by a Chartered Accountancy firm. The tenderer should have annual gross

turnover of Rs. 2,50,50,000/-(Two Crores Fifty Lakhs Fifty Thousand Only) during

each year for the last three years (2017-18, 2018-19 & 2019-20).

(vi) The Tenderer is required to furnish an Undertaking regarding blacklisting,

Conviction and other requirement (Annexure –III)

(vii) Undertaking of downloading of tender document. (Annexure-IV)

(viii) (a) Detailed list of equipment, vehicles and machinery owned and on

tie-up basis (Annexure- V)

(b) Self certified copies of RC Books of equipments, trailer as

stated at (a) above

(c) Proof of Tie-up arrangement (in respect of Trailers/ equipment to

be procured on tie-up basis). (Annexure –VI).

(d) Undertaking to provide required equipment/trailers as per NIT/

Tender requirement (Annexure -VII)

(e) “Good Working Certificate “(valid on date of submission of


13

tender) issued by chartered Engineer/Surveyor agency, in

respect of Mobile Crane

The documents mentioned at above serial numbers [(i) to (viii)] are required under

minimum eligibility criteria and are compulsory to participate in the tender process,

failing which the bid shall be summarily rejected. Missing Mandatory Technical Bid

documents, required as per the minimum eligibility criteria, shall not be called for

and such offers are liable to be rejected. However, CWC may call for the

clarification documents in relation to the already submitted mandatory technical bid

documents required as per the minimum eligibility criteria.

(B) Supplementary Technical Bid documents:

(ix) Documents regarding Constitution of the firm:

S/No Particulars Documents to be submitted/uploaded

A If the tenderer is a

sole

proprietary concern

Affidavit as per Annexure -VIII,

B In case tenderer is a

Partnership firm

(i) Certified Copy of Partnership deed,

(ii) List of partners

iii)Copy of registration of Partnership deed.

C In case tenderer is a

Company

(i) Certified Copy of Certificate of Incorporation,

(ii) Memorandum of Association and Articles of

Association

(iii) List of Directors

D In case Tenderer is a

LLP

(i) Certified Copy of Registration/ Incorporation

Certificate

(ii) Copy of Limited Liability Partnership Agreement

(iii) Current List of Partners

E In case Tenderer is a

Cooperative Society

(i)Certified Copy of Registration Certificate

(ii) Bye-Laws (of co. operative Society)

(iii) Copy of a resolution passed by the Society to participate in

the tender enquiry.

(x) POA as per Annexure-IX, in favour of Partner/Authorized person authorizing

him to sign the tender document (POA should be Duly Notarized)

(xi) Copy of Net Worth Certificate duly certified by practicing CA based on latest

audited Financial Year as per format enclosed (Annexure -X)

(xii) Copy of PAN


14

(xiii) Copy of valid GSTN Registration.

(xiv) Copy of Bank Statements for last six months from banker(s)

(xv) Undertaking as per Annexure -XI by the person signing the tender and tech.bid

documents.

(xvi) Compliance of Bid requirement (Annexure -XII)

(xvii) Pre-Contract Integrity Pact- Annexure -XIII.

(xviii) A Police verification report of the Proprietor(s)/Director(s)/Partner(s) or Owners

of the company including firm/company/ consortium / joint venture / sole

proprietary firm/partnership firm confirming that no criminal case(s) is/are

pending against him/them. or Undertaking specifying that no criminal case is

pending against the bidder in form of an affidavit with the technical bid. As per

Annexure -XIV.

(xix) Copy of Registration certificate for EPF, Labour License, The Carriage by Road

Act‟2007 and Food Safety and Standard Act,2006 OR Undertaking to furnish the

same within stipulated time- As per Annexure -XV.

(xx) Letter of Commitment from Consortium/Joint Venture Partners as per Annexure

–XVI-B. It shall be accompanied by a legal document signed by all the parties to

the Consortium/Joint Venture confirming therein a clear and definite manner of

the prepared administrative arrangements for the management and execution of

contract, the delineation of duties, responsibilities and scope of work to be

undertaken by each such party and the authorized representative of the

Consortium/Joint Venture.

(xxi) The tender application shall include a copy of the Consortium/Joint Venture

agreement which shall inter-alia that all partners shall be liable jointly and

severally for the execution of the contract and the lead partner shall be authorised

to incur liabilities and receive instructions for and on behalf of any or all partners,

and the entire execution of the contract including payments shall be done

exclusively with the lead partner.

(xxii) (a) Profile/write up duly signed from the tenderer outlining the detail of its

organization (Annexure-XVII)

(b) Organizational structure for handling and transport work at the ICD.

(xxiii) Scanned Photo of tenderer


15

(xxiv) Checklist of document uploaded- (Annexure -XVIII)

At the stage of clarification, CWC may ask for any missing supplementary technical bid

documents mentioned above at serial numbers [(ix) to (xxiv)] required for finalization of the

tender. Non submission of these documents will tantamount to wilful withdrawal from the bid

offer by the tenderer and action as deemed fit by the corporation shall be taken against such

erring bidders, besides forfeiting of EMD.

Note:

Tenderer should upload digitally signed, scanned copies of all the required documents.

Further, all the supporting documents should also be duly self-attested by the tenderer before

uploading along with the technical bid.

.

Part-II Price bid (Fill the Rates in the appropriate Cells ONLY in the excel format

provided)

U. With respect to qualifying criteria, if any information/document is not submitted or

partly submitted or wrong document is submitted or the document submitted does not

explain fully the tender requirements, same can be sought by the Corporation from the

tenderer.

V. The successful tenderer should be ready to commence the work within 15 (FIFTEEN)

days from the Acceptance of Tender or such later date as may be decided by the Regional

Manager, Central Warehousing Corporation, Regional Office, Delhi.

FOR any clarification regarding online participation, contact: -

M/s Indian Telephonic Industries Limited,

C-62, 2nd Floor, Preet Vihar,

Opp. To Metro pillar 79, New Delhi-110092

May call following help line numbers at 011-49424365/0-879975311,8800115946

REGIONAL MANAGER


REGIONAL OFFICE, DELHI-110092

Fax No.: 91-11-22444375

Phone : 91-11-22444334, 91-11-22041294

E-mail: [email protected]

mailto:[email protected]


16

FORMAT OF THE COVERING LETTER

(The covering letter is to be submitted by the tenderer, along with the tender for Technical

qualification)

Date:

Place:

The Regional Manager

Central Warehousing Corporation

Regional office

Scope Minar, Core-3, 1st Floor,

Laxmi Nagar Distt. Centre

Delhi-110092

Dear Sir,

Sub: Tender for appointment of contractor for Handling & Transportation of ISO containers

and allied services at Inland Container Depot (ICD), Patparganj. – reg.

Please find enclosed herewith our Proposal in respect of the above cited tender, in response to the

tender document downloaded by us on ________

We hereby confirm the following:

1. The proposal is being submitted by us in accordance with the conditions stipulated in the

tender. The proposal is a firm and irrevocable offer, and shall remain valid and open for

a period of 90 (ninety) days from the last date of submission of the proposal as laid

down in this tender document, with provision of extension of thirty days at the sole

discretion of Regional Manager, CWC Delhi.

2. We have examined in detail and have understood the terms and conditions stipulated in

the tender document issued by CWC and in any subsequent communication sent by

CWC. We agree and undertake to abide by all these terms and conditions. Our

Proposal is consistent with all the requirements of submission as stated in the

tender or in any of the subsequent communications from CWC.

3. (Required only in case of a Bidding Consortium). Our proposal includes a

Memorandum of Understanding as required in Annexure-XVI-A, Letters of

Commitment, consistent with the format as specified in the Annexure-XVI-B of

tender, from all the Member Entities.


17

4. The information submitted in our Proposal is complete, is strictly as per the requirements

as stipulated in the tender, and is true and correct to the best of our knowledge and

understanding. We would be solely responsible for any errors or omissions in our

Proposal.

5. The tenderer satisfies the legal requirements and meets all the eligibility criteria laid

down in the tender.

6. We as the tenderer, designate Mr./Ms._______________ (mention name, designation,

contact address, phone no. fax no. etc.), as our representative who is authorized to

perform all tasks including but not limited to providing information, responding to

enquiries, entering into commitments etc. on behalf of the tenderer in respect of the

work as specified in the tender.

7. Proof of payment of Rs.5900/- (Rs. Five thousand nine hundred only.) towards tender

fee through E-Payment is submitted along with the proposal.

8. Proof of payment of Rs. 16,70,000/- (Rupees Sixteen lakh Seventy Thousand only.)

towards EMD through E-Payment is submitted along with the proposal.

9. Proof of payment of Rs.885/- (Rs. Eight Hundred Eighty-Five only.) towards

processing fee through E-Payment is submitted along with the proposal.

10. For and on behalf of:

Signature/(s) :

Name of the Person/(s):

(Authorized Signatory/Signatories)

Designation/(s):


18

INVITATION OF TENDER AND INSTRUCTIONS TO TENDERERS FOR

APPOINTMENT OF REGULAR HANDLING & TRANSPORT CONTRACTOR FOR

HANDLING CONTAINERS AND CARGO AS WELL AS TRANSPORTATION OF

LOADED/EMPTY ISO CONTAINERS AND OTHER ALLIED OPERATIONS AT ICD-

PATPARGANJ.

a. Last date for downloading tender form up to 15:00 hrs on 17.09.2020.

b. Last date for submission of online tender up to 15:00 hrs. On 18.09.2020.

c. Last date and time for seeking enquries/clarification upto 1700 hrs. On 10.09.2020 at RO,

Delhi.

d. Last date and time for giving clarification by CWC upto 1700 hrs. on 14.09.2020.

e. Last date for e-payment towards Cost of tender form/Processing fee & EMD is up to 15:00 hrs.

on 18.09.2020.

f. Technical Bid to be opened at RO, Delhi at 15:30 hrs. on 18.09.2020.

g. Opening of financial bid of the technically qualified tenderers (to be intimated later on)

h. Tenders to remain open for acceptance for 90 days inclusive of date of tender opening

(technical bid).The Regional Manager, CWC, Delhi may at his discretion, extend this day by

30 (thirty) days and such extension shall be binding on the tenders.

NOTE: If the day fixed for opening of tender is subsequently declared a holiday, the tenders will

be opened on the next working day following the Holiday but there will be no change in

the time for opening indicated above.

For and on behalf of the Central Warehousing Corporation (hereinafter called the

Corporation), Regional Manager, Central Warehousing Corporation, Regional Office, Delhi

invites tenders for undertaking Handling & Transportation work as detailed in the terms and

conditions of the contract at the Inland Container Depot (ICD), Patparganj, or any point in

Delhi.

1. PLACE OF OPERATION:

The Inland Container Depot (ICD) will function at Patparganj in the area especially

earmarked for the purpose, comprising covered and open space and place of operation will

include the ICD complex and any extension thereof and the premises of ICD, Tughlakabad

and Tughlakabad Railway Siding, New Delhi/ICD Loni and Loni Rail Siding, Ghaziabad

(UP) / any other Rail Siding in Delhi /NCR within 100 km and the extension in the

premises or elsewhere, under administrative control of concerned authorities.

At the ICD both stuffing and destuffing of import and export cargo will be undertaken in

ISO containers. ICD complex at Patparganj is located about 25 KMs from both ICD-


19

Tughlakabad/ Tughlakabad Railway Siding and ICD Loni/Loni Rail Siding. The Handling

& Transport Contractor may be required to undertake the works of other ICDs/Bonded

Warehouses of CWC located in the NCT of Delhi or nearby DMA (Delhi Metropolitan

Agglomeration) towns within a radius of 30 KMs from ICD-Patparganj or TKD or Loni.

2. BRIEF DESCRIPTION OF WORK:

The Inland Container Depot at Patparganj, Delhi or any other CFS/Warehouse within a

radius of 100 KMs as under Para-1 above will be fed by the containers from ICD-

Tughlakabad / Tughlakabad Railway Siding, New Delhi and ICD-Loni / Loni Railway

siding or vice-versa.In the case of export cargo, work would involve receipt of empty

containers transported to ICD- Patparganj from Container storage yard by road. The empty

container so brought to ICD-Patparganj will either have to be grounded or presented for

stuffing. The export cargo received from various destinations will have to be unloaded

from the trucks at the ICD and either stacked into the export Warehouse for stuffing after

examination or will have to be stuffed into the containers after custom examination,

weighment wherever necessary and repacking, after clearance from the customs;

transportation of the loaded container to ICD-Tughlakabad/ Tughlakabad Rail Siding, New

Delhi or ICD Loni/Loni Rail Siding; its handing over to the authorities to their full

satisfaction or loading of such stuffed containers on vehicles provided for long haul

transportation to gateway ports.

In the case of import cargo the work will involve receipt of loaded containers from ICD-

Tughlakabad /Tughlakabad Rail Siding, New Delhi or ICD Loni/Loni Rail Siding and its

transportation by road to ICD-Patparganj, except of loaded containers ex-gateway ports,

destuffing of the container in the import warehouse and stacking of cargo, presenting the

cargo for custom clearance, repacking and weighment where necessary, loading of the

cleared cargo into the trucks of the parties etc.

The tenderers in their own interest must get themselves fully acquainted with the area of

operations, distance etc. and nature of work involved before submission of tenders.

Incomplete and conditional tenders are liable to be rejected.

Estimated annual value of the contract is Rs.8.35 crore approx.

3. VOLUME OF WORK:

i) No definite volume of work to be performed can be guaranteed during the currency of

the contract. However, the average annual container throughput (Loaded + Empty both)

during preceding three FYs (2017-18, 2018-19, 2019-20), under existing contract period


20

at ICD Patparganj, is 28750 TEUs. But this is only for information purpose and cannot

be referred by tenderer/contractor for any references.

ii) The volume of the traffic is likely to fluctuate (increase or decrease) and the tenderer

should note that no claim for compensation arising directly or indirectly out of such

fluctuation in the volume of traffic to be handled during the currency of the contract shall

be entertained.

iii) No assurance is also given about any item of work at any time during the currency of

contract.

iv) It be clearly understood that no guarantee is given that all the items of work as shown in the

schedule of operations will be required to be performed by the contractor.

v) The mere mention of any item of work in the contract does not by itself confer a right on

the contractor to demand that the work relating to all or any item thereof should necessarily

or exclusively be entrusted to them. The Corporation will also have the exclusive right to

appoint one or more contractor for any or all the services mentioned here under or to

divide the work in between such contractors in any manner that the Corporation may decide

and no claims shall lie against the Corporation by reason of such division of work.

vi) The description of service as given in the terms and condition are only guidelines. The

nature of work will be subject to variations/adjustments depending upon the actual

requirement. Any variation, addition and/or omissions in the items of work to be actually

carried out shall not form the basis of any dispute regarding the rates quoted by the tenderer

in the tender and shall not give rise to any claim or compensation of any increase or

decrease in the extent of the quantity offered.

4. The Contract which may eventuate from this tender shall be governed by the terms and

conditions of contract as contained in the invitation/instructions to the tenderers and as

given in the annexures forming part of this tender and these documents will be sole

repository of the terms and conditions of the contract.

5. The instructions to be followed for submitting the tender are set out below:

a) SIGNING OF TENDERS:

i) Person or persons signing the tender shall state in what capacity he or they are signing the

tender i.e. as a sole proprietor of a firm or as a Secretary/Manager/Director etc. of a

body Corporate. In the case of partnership firm, the name of all the partners should be

disclosed and the tender shall be signed by all the partners or their duly constituted


21

attorney, having authority to bind all the partners in all matters, pertaining to this

contract, including the Arbitration Clause

ii) . The original or an attested copy of the partnership deed shall be furnished alongwith the

tender. In case of a Limited Company (i) the name of the Directors shall be mentioned

and (ii) it shall be certified that the person signing the tender is empowered to do so on

behalf of the company. A copy of the Memorandum and Articles of Association of the

Company shall be attached to the tender. In the case of Hindu Undivided Family, the

names of the family members should be disclosed and the Karta, who can bind the

family, should sign the form and indicate his status below his signature.

ii) The person signing the tender form or any documents forming part of the tender on behalf

of another or on behalf of a firm shall be responsible to produce a proper power of attorney

duly executed in his favour, stating that he has authority to bind such other person or the

firm as the case may be, in all matters pertaining to the contract including the arbitration

clause. If the person so signing the tender, fails to produce the said power of attorney, his

tender shall be liable to summarily rejection without prejudice to any other rights of the

Corporation under the law. The `Power of Attorney’ should be signed by the all partners

in the case of partnership concern, by the proprietor in the case of proprietary concern and

by the person who by his signature can bind the company in the case of a Limited

Company or a Cooperative Society. In the case of Hindu Undivided Family, the `Power of

Attorney’ should be signed by the Karta who, by his signature, can bind the Hindu

Undivided Family.

6. FEES AND DEPOSITS TO BE PAID BY THE TENDERERS:

A) Tender fee (non-refundable and non-adjustable):

Rs.5900/- (Rupees Five Thousand Nine Hundred only) inclusive of all the taxes/

GST (18%) to be paid through e-payment gateway to Central Warehousing

Corporation, Regional office upto 1500 Hrs. of 18.09.2020 as per details given

below under EMD column.

B) Processing fee (non-refundable and non-adjustable):

Tender processing fee payable to M/s ITI_for an amount of Rs. 885/-(Rupees Eight

Hundred Eighty-Five only) inclusive GST @ 18% is to be paid online through e-

payment gateway of M/s ITI only before the date and time set for closing. Those bidders

who failed to submit the tender processing fee online to M/s ITI, their bid would not to be

made available by the system and shall not be considered during the opening of the tender.

C) Earnest Money Deposit (EMD):


22

The EMD an amount of Rs. 16,70,000/- (Rupees Sixteen lakh Seventy Thousand only.)

shall be paid in Indian Rupees only to CWC by the bidder. The payment should be

deposited through e-payment gateway of M/s ITI only.

No proposal shall be considered which is not accompanied by the required Tender Fee,

Processing Fee and Earnest Money Deposit.

The Earnest Money shall be liable to be forfeited if the tenderer, after submitting his tender,

resile from or modifies his offer and or the terms & conditions thereof in any manner before

its acceptance, it being understood that the tender documents have been made available to

him and he is being permitted to tender in consideration of his agreement to this stipulation.

The earnest money is also liable to be forfeited in the event of the tenderer‟s failure, after

the acceptance of their tender, to furnish the requisite Security Deposit by the due date

without prejudice to any other rights and remedies of the Corporation under the contract and

law. The earnest money will be returned to all unsuccessful tenderers immediately after

decision on tenders and award of contract to successful tenderer.

The EMD is liable to be forfeited in below conditions:

1. If any Tender is withdrawn or modified before, the date up to which the tenders are

valid for acceptance, the Earnest Money of the tender shall stand forfeited.

2. If the tenderer withdraws his offer during the evaluation process.

3. If bidder fails to submit the supplementary technical bid documents, when asked for

during clarification or at any stage thereafter.

4. If after award of contract the successful tenderer fails to submit the Security Deposit

(SD) in prescribed format within stipulated time.

5. Submission of false, dubious, forged or tampered documents by the tenderers.

The above conditions are not exhaustive and corporation may forfeit the EMD and take

other action as deemed fit if suitable grounds are there.

NO INTEREST SHALL BE PAYABLE ON THE AMOUNT OF EARNEST MONEY IN

ANY CASE.

7. SECURITY DEPOSIT:

a) The successful tenderer shall furnish, within Fifteen days* of acceptance of his tender,

security deposit of Rs. 41,75,000/- (Rupees Forty One Lakh Seventy Five Thousand

only) (i.e. 5% of advertised estimated annual tender value) failing which the contract

shall liable to be terminated at his risks and cost and also subject to such other remedies as

may be available to the Corporation under the terms of the contract. The contractor at his

option may deposit 50% of the prescribed security deposit at the time of award of the


23

contract in the form of Bank Guarantee and the balance 50% may be paid by deductions

from his admitted running bills at the rate of five percent (05%).

The Earnest Money Deposit of the successful tenderer can be adjusted against the

security deposit.

*After awarding of the contract the contractor has to furnish the Security Deposit within

the stipulated time limit of fifteen days. The extension in the time limit not more than

15(fifteen) days can be granted by the Regional Manager subject to levy of penalty on the

amount of Security Deposit @ 1% for 15 days or part thereof. The contract will be

terminated, in case the contractor failed to submit the SD within the stipulated time of 30

days (including extension period of 15 days). The EMD will be forfeited and the

contractor will be debarred from future participation in any tender of CWC for the

period of 05 years.

b) The security deposit shall be in favor of the “Regional Manager, Central Warehousing

Corporation, Regional Office, New Delhi” in the form of Bank Guarantee issued by any

nationalized / scheduled bank payable at Delhi/New Delhi. The contractor will have the

option, to furnish the Security Deposit by furnishing a bank guarantee for the total amount

of the Security Deposit if he doesn‟t want the amount to be deducted from his running bills

towards 50% of the security as provided above. The bank guarantee shall be valid not only

for the entire period of contract but also for a minimum period of one year after the

completion / termination of the contract or till the settlement of any dispute under

arbitration / court, if any, of the contract to satisfy the claims of the Corporation against the

contractor, if any, for the contract to which the guarantee relates and in the format at

Appendix III issued by any branch of the nationalized/scheduled bank situated at Delhi.

(c) It is also made clear that no interest is payable on the amount of security deposit or any

other amount withheld for any reason lying with CWC in any form under the contract.

(d) If the successful tenderer had previously held any contract and furnished security deposit,

the same shall not be adjusted against this tender and a fresh security deposit will be

required to be furnished.

(e) In the event of security deposit is found insufficient or if the same has been wholly

forfeited, the balance of total sum recoverable as the case may be shall be deducted from

any sums due or which at any time thereafter may become due to the contractor under this

or any other contract with the Corporation. Should that sum also be not sufficient to cover

the full amount recoverable, contractor shall pay to the Corporation on demand the

remaining balance due.


24

(f) Whenever, the security deposit falls short of the specific amount, the contractor shall make

good the deficit so that the total amount of security deposit shall not at any time be less than

the specified amount.

8.

A. ELIGIBILITY CRITERIA

(a) Composition of Tenderer:

(i) The tenderer may participate in the tender as Sole Proprietor/partnership firm / Cooperative

Society /Karta of a Hindu Undivided Family/ LLP / Company. Tenderer must submit the

copy of Partnership Deed in case tenderer is a Partnership Firm and Certificate of

incorporation, Memorandum of Association and Article of Association in case tenderer is a

Company. The Certificate of Registration is to be submitted wherever applicable i.e. in case

of a Cooperative Society / LLP.

(ii) The Person signing the tender and other required documents forming part of the tender on

behalf of a partnership firm or a company or LLP or a co-operative society or an HUF or

company, shall submit with the tender the certified copy of authorization letter / Board

Resolution/ General Power of Attorney as applicable. The original copy of the authority

letter / Board Resolution / Power of Attorney as the case may be shall be produced by the

successful bidder at the time of award of work duly stating that he had authority to bind

such other person or Firm or Co-operative Society or HUF or LLP or Company, as the case

may be in all matters pertaining to the tender / contract.

(b) Work Experience and Experience Certificate:

(i) The tenderer should have minimum three years (03) proven experience out of preceding five

years(05), from the date of issue of NIT, as H&T contractor/ Shipping Agent/Shipping

Company/Shipping Line/Customs Broker/Consolidator/NVOCC Operator/3PL Service

Provider/ Container Terminal Operator/ CFS Operator/ ICD Operator/ Transporter/ Logistics

Service Provider for Handling & Transportation of containers / containerized cargo,

providing labour, equipments such as Tractor-Trailors, Reach Stackers, Forklifts, Crane, CBT

etc., in a Container Freight Station / Inland Container Depot of a Govt. Dept / PSU / Public

Limited Company dealing with similar type of work.

The tenderer should have experience of Handling and / or Transportation of minimum

number of 2875 TEUs during any of the three financial years (each), out of the preceding five

financial years. The tenderer should have direct experience i.e. he himself should have

undertaken the work of Handling and / or Transportation of containers and not through any

other contractor. The experience submitted as sub-contractor shall not be accepted.

In case of Consortium / Jt. Venture the experience of container handling and transportation as

mentioned above shall be determined by adding together the experience of all partners of


25

consortium / Jt. Venture. However, as a qualifying criterion, the lead partner must have at

least 60% of minimum experience required.

(ii) Experience Certificate: All the prospective bidders are expected to submit their

experience certificate in the following format and the experience certificate should be on the

letterhead of the issuing organization.

Proforma of Experience Certificate:

“This is to certify that M/s___________________have worked as our Handling and / or

Transport contractor for the work of handling and / or transportation of ISO / DSO

containers and their performance was found satisfactory. The details of containers handled /

transported by them during the previous ______years have been as under: -

Sl.No. Year No. of containers

(TEUs)

Place of work Value of work done (Rs.)

Handled Transported

1.

2.

3.

4.

5.

Signature

Date: Name & Designation of signing authority

Seal of the Company / Organization

(c) Financial Criteria:

(i) Turnover: The tenderer should have achieved the minimum average annual turnover of Rs.

2,50,50,000/- (Rupees Two Crore Fifty lakh Fifty Thousand only) (in the same name for

which he is submitting the offer) during the three preceding financial years. The average

minimum annual turnover of preceding three financial years should not be less than 30% of

the estimated annual value of the Contract.

The tenderer is required to enclose the audited Balance Sheet and Statement of Profit & Loss

for the preceding three financial years with the tender. In case Balance Sheet and Statement

of Profit & Loss for the immediately preceding financial year have not been prepared/

audited, the accounts for the year previous to preceding three financial years can be

submitted. Where the tenderer is not under statutory obligation to get his Accounts audited,


26

he can submit a Certificate of practicing Chartered Accountant certifying his Annual

Turnover and Profit After Tax for preceding three financial years

(ii) GSTN Registration:

Tenderer must have valid GSTN registration certificate from the appropriate authority.

(d). Equipments, Trailers:

Tenderer must be in position to deploy required equipment and trailers as stated in NIT and

mentioned hereunder:

(i) Details of equipment, vehicles and machinery in good working condition, owned or

procured which shall be made available under the contract such as (1) Two reach stackers

capable for handling both 20‟ & 40‟ loaded containers which can either be owned or hired

or leased. (2) Two 10 MT forklifts for handling of empty containers, (3) Fifteen low mast

forklifts of 3 MT capacity (battery operated or diesel operated with an exhaust purifier, (4)

One Heavy duty mobile cranes of 30-40 MT capacity. (5) One Hydra Crane of 12 MT or

less capacity (6) Fifteen Tractor Trailers for transporting containers (7) spreaders (8) other

appropriate equipments including attachments for forklifts for handling various diversified

type of packages. The source of availability with the documentary proof such as

manufacturing year, registration of equipment/vehicles and ownership title etc. must

be furnished while submitting the tender. Wherever, these equipments are procured

under a firm tie-up with third party, proof of such tie-up with regard to firm supply of

the equipments must also be furnished. The aforesaid equipments if leased the

tenderer must produce necessary proof of documents.

(ii) The tenderers must also furnish manufacturing date-wise summary of the

equipments/vehicles and machinery owned and possess on the submission of tender to have

a glance of equipments/vehicles etc. available with them as per the requirements under

Clause-XXII (2).

NOTE: Bidders who do not own the equipment/s and vehicles of required model as specified in the

tender document at the time of bidding but are in ownership of required number of

equipment and vehicles to fulfill the minimum eligibility criteria can also participate in the

bidding provided they give an undertaking to the effect that in case they are declared

successful and the contract is awarded to them, they bind themselves to purchase have the

ownership in their name and deploy the equipment and vehicles within 120 days of issue of

LOI to fulfill the minimum ownership criteria as laid down in the tender document. This

clause is applicable only for the owned equipment and not for the leased or hired.


27

Corporation while making technical evaluation, reserves the right to satisfy itself

about the availability of the above equipment/ Vehicles with proper documents &

physical verification.

(e) The tenderer in case of partnership firm, any of its partner/ company/ consortium / sole

proprietary firm:

i) Should not have been black listed by CWC, FCI or any Central /State Govt./ PSUs or Local

Govt., Deptt/ Autonomous Body as on the date of issue of this NIT and should not have

been debarred from participation in the tender process.

ii) Should not have a Contract terminated before expiry of contract period or Performance

Bank Guarantee/Security Deposit/EMD forfeited by CWC, FCI or any other Public

Sector/Govt./Quasi Govt. Organization/any other client.

iii) It shall be declared by The proprietor / any of the partners of the tenderer firm / any

of the Director of the Tenderer company should not have been, at any time,

convicted by a court for an offence and sentenced to imprisonment for a period of

three years or more, The tenders on acquittal would be eligible.

B. QUALIFYING CRITERIA- DOCUMENTS TO BE UPLOADED ALONG WITH

TECHNICAL BID:

The tenders are to be submitted in two parts,

Part-I: Technical Bid:

Bidder must upload digitally signed Tender Form and scanned copies of below

mentioned documents in support of their eligibility along with the Technical Bid.

NOTE: Rates should NOT BE FILLED in price bid. while uploading Tender Document in

Technical Bid. Rates will be filled in separate Excel Sheet only, of price bid.

(A) Mandatory Technical Bid documents:

(i). (a) Proof of Tender Cost

(b) Proof of EMD

(ii) MSME Registration document (if applicable), to claim exemption from Tender

Cost and EMD, if applicable, - Annexure -I.

(iii) Copy of Work Experience Certificate(s) showing proven experience in the given

format- Annexure -II)

(iv) Self-Certified Copies of (a) audited Balance Sheet (b) Statement of P/L Account

of last three FYs.


28

(v) The annual gross turnover of the company/firm for the last three years duly certified

by a Chartered Accountancy firm. The tenderer should have the minimum average annual

turnover of Rs. 2,50,50,000/- during the preceding three financial years.

(vi) The Tenderer is required to furnish an Undertaking regarding blacklisting,

Conviction and other requirement (Annexure –III)

(vii) Undertaking of downloading of tender document- Annexure-IV)

(viii) (a) Detailed list of equipment, vehicles and machinery owned and on tie-up basis

(Annexure- V)

(b) Self certified copies of RC Books of equipments, trailer as stated at (a) above

(c) Proof of Tie-up arrangement (in respect of Trailers/ equipment to be

procured on tie-up basis). (Annexure –VI).

(d) Undertaking to provide required equipment/trailers as per NIT/ Tender

requirement (Annexure -VII)

(e) “Good Working Certificate “(valid on date of submission of tender)

issued by chartered Engineer/Surveyor agency, in respect of Mobile Crane

The documents mentioned at above serial numbers [(i) to (vii)] are required under

minimum eligibility criteria and are compulsory to participate in the tender process,

failing which the bid shall be summarily rejected. Missing Mandatory Technical Bid

documents, required as per the minimum eligibility criteria, shall not be called for

and such offers are liable to be rejected. However, CWC may call for the

clarification documents in relation to the already submitted mandatory technical bid

documents required as per the minimum eligibility criteria.

(B) Supplementary Technical Bid documents:

(ix) Documents regarding Constitution of the firm:

S/No Particulars Documents to be submitted/uploaded

A If the tenderer is a sole

proprietary concern

Affidavit as per Annexure -VIII,

B In case tenderer is a

Partnership firm

a) Certified Copy of Partnership deed,

b) List of partners

c) Copy of registration of Partnership deed.

C In case tenderer is a

Company

i) Certified Copy of Certificate of Incorporation,

j) Memorandum of Association and Articles of

Association

k) List of Directors


29

D In case Tenderer is a

LLP

a) Certified Copy of Registration/ Incorporation

Certificate

b) Copy of Limited Liability Partnership Agreement

c) Current List of Partners

E In case Tenderer is a

Cooperative Society

(i)Certified Copy of Registration Certificate

(ii) Bye-Laws (of co. operative Society)

(iii) Copy of a resolution passed by the Society to

participate in the tender enquiry.

(x) POA as per Annexure-IX, in favour of Partner/Authorized person authorizing

him to sign the tender document (POA should be Duly Notarized)

(xi) Copy of Net Worth Certificate duly certified by practicing CA based on latest

audited Financial year as per format enclosed with the tender document

(Annexure -X)

(xii) Copy of PAN

(xiii) Copy of valid GSTN Registration.

(xiv) Copy of Bank Statements for last six months from banker(s)

(xv) Undertaking as per Annexure -XI by the person signing the tender and tech.bid

documents.

(xvi) Compliance of Bid requirement (Annexure -XII)

(xvii) Pre-Contract Integrity Pact- Annexure -XIII.

(xviii). A Police verification report of the Proprietor(s)/Director(s)/Partner(s) or Owners of

the company including firm/company/ consortium / joint venture / sole proprietary

firm/partnership firm confirming that no criminal case(s) is/are pending against

him/them. or Undertaking specifying that no criminal case is pending against the

bidder in form of an affidavit with the technical bid. As per Annexure -XIV.

(xix) Copy of Registration certificate for EPF, Labour License, The Carriage by Road

Act‟2007 and Food Safety and Standard Act,2006 OR Undertaking to furnish the

same within stipulated time- As per Annexure -XV.

(xx) Letter of Commitment from Consortium/Joint Venture Partners as per Annexure –XVI-


30

B. It shall be accompanied by a legal document signed by all the parties to the

Consortium/Joint Venture confirming therein a clear and definite manner of the

prepared administrative arrangements for the management and execution of contract,

the delineation of duties, responsibilities and scope of work to be undertaken by each

such party and the authorized representative of the Consortium/Joint Venture.

(xxi) The tender application shall include a copy of the Consortium/Joint Venture agreement

which shall inter-alia that all partners shall be liable jointly and severally for the

execution of the contract and the lead partner shall be authorised to incur liabilities

and receive instructions for and on behalf of any or all partners, and the entire

execution of the contract including payments shall be done exclusively with the lead

partner.

(xxii). (a) Profile/write up duly signed from the tenderer outlining the detail of its organization

(Annexure-XVII)

(b) Organizational structure for handling and transport work at the ICD.

(xxiiii) Scanned Photo of tenderer

(xxiv) Checklist of document uploaded- (Annexure -XVIII)






Note:

Tenderer should upload digitally signed, scanned copies of all the required documents. Further, all

the supporting documents should also be duly self-attested by the tenderer before uploading along

with the technical bid.

.

Part-II Price bid (Fill the Rates in the appropriate Cells ONLY in the excel format provided)

9. SUBMISSION OF TENDER: -

(a) Tenderer shall submit his offer in electronic format on the website

www.cwceprocure.com on or before the scheduled date and time as

mentioned in NIT/above. No offer in physical form will be accepted

and any such offer, if r e c e i v e d by Central Warehous ing Corporation in

the physical form, wil l be out-rightly rejected.



31

(b) The Bid document and Annexure/Credentials shall be uploaded by authorized signatory, with

his digital signature on behalf of the bidder.:

(i) Sole Proprietor, if tenderer is Sole Proprietary Firm

(ii) A partner holding the Power of Attorney for the firm for signing the Bid/proposal, if

tenderer is Partnership Firm

(iii) The Person authorized through Board resolution/ holding the Power of Attorney to sign

the tender as authorized signatory, if tenderer is a company/LLP/Consortium

The Bid document uploaded through digital signature other than authorized person shall

summarily be rejected

(c) Tenders received after 15:00 hours on 18.09.2020 shall not be considered. The Corporation

would not entertain any request for admitting tender received late on A/C of delay by

congestion in server /website or any other reason. The bidders are advised to submit their bids

well in advance to avoid last minute rush on the system. No complaints will be entertained with

regards to non-submission of bids online at last minute due to congestion in server system.

(d) Bidders are advised to study the Bid Document carefully. Submission of the Bid will be

deemed to have been done after careful study and examination of all instructions, eligibility

norms, terms and requirement specifications in the Bid document with full understanding of its

implications. Tenders not complying with all the given clauses in this Bid document are liable

to be rejected. Failure to furnish all information required in the Bid Document or submission of

a Bid not substantially responsive to the Bid document in all respects will be at the Bidder‟s

risk and may result in the rejection of the tender.

(e) It should be clearly understood by the Tenderer[s] that no opportunity shall be given to him /

them to modify or withdraw his / their offer after the date and time stipulated for submission of

tender. In case of any modification or withdrawal of the offer by any bidder after the date and

time stipulated for submission of tender, the EMD submitted with tender shall be forfeited.

(f) Tenders not accompanied with required Annexures duly signed by

the authorized signatory along with scanned copies of supporting

documents duly self-attested by the tenderer shall be liable to be

rejected.

(g) GUIDELINES FOR SUBMISSION OF TENDER BY A CONSORTIUM/JOINT

VENTURE: -

1. The tender shall be submitted with a copy of the Consortium/Joint Venture Agreement

entered into between the member companies. The Agreement for the Consortium/Joint

Venture between the partners shall be self-attested/ registered as per Law of the Union of


32

India.

2. In the absence of such document, the tender would be considered and evaluated as one

from an individual company alone, submitting the tender.

3. Any change in the composition of the Consortium/Joint Venture of the proposed role

definition of member companies after submission of the tender would be recognized and

permitted by CWC only if such change is in the opinion and discretion of CWC not

prejudicial to the strengths of the Consortium/Joint Venture as were evaluated earlier.

4. CWC reserves the right to reject any tender pursuant to a change in the composition of

the bidding Consortium/Joint Venture without prescribing reason whatsoever

5. The tenderers must quote the rates both in figure and words for all the items listed in

Appendix-I.

6. The tender form shall be filled in by the tenderer neatly and accurately. Any erasure,

interpolation or overwriting will render the tender invalid. However, alteration neatly

carried out and duly attested over the full signature of the tenderer is permitted.

7. The decision relating to technical qualifications of the parties will rest with the

Corporation and would not be called in to question.

(h) Pre-bid meeting: - A pre bid meeting shall be conducted before submission of

tender documents for clarifying issues and clearing doubts, if any, the date, time &

place of pre- bid shall be indicated in the bidding document. This date shall be

sufficiently ahead of bid opening date. The record of such meeting shall be exhibited

on the website.

10. OPENING OF TENDERS: - The online tenders (technical bid) shall be opened on the date

specified. If the date for opening of tenders happens to be a holiday, the tenders will be opened

on the next working day following the holiday.

The online technical bid shall be opened only, on the due date and time specified. The price bid

of only such tenderers, whose technical bid is found to be qualified, shall be opened. The time

and date of opening of price bid shall be fixed and intimated to qualified parties only.

11. TECHNICAL BID PROCESSING:

Evaluation of the tenders submitted by the interested parties in response to the e-tender notice

will be done as specified below:


33

11.1 Preliminary scrutiny of Technical bid:

The Corporation will scrutinize the bids received to see whether they meet the basic

requirements as incorporated in the bid document. The bids which do not meet the basic

requirements shall be treated as unresponsive and ignored. The following are grounds

due to which a bid may be declared as unresponsive and to be ignored during the initial

scrutiny:

a. The bid is unsigned (where the bid documents have been uploaded using the

digital signatures of the person authorized to sign, the same shall be treated as

duly signed).

b. The bid is not legible;

c. Required EMD and cost of tender has not been received;

d. The bid validity period mentioned by the bidder in the bid document is for

a shorter period that the period required and stipulated in the bid

document.

e. The bidder has not quoted for all the items, as specified in Price Bid.

f. The bidder has not agreed to the essential conditions i.e. scope of supply,

warranty / guarantee clause, liquidated damages / penalty clause, Security

Deposit / Performance Bank Guarantee and dispute resolution mechanism.

g. In case the tenderer does not submit turnover for any of the specified financial

year(s), then the turnover for that year shall be taken as “NIL” for the purpose of

evaluation of tenderer.

Only the bids which are not unresponsive shall be taken up for further evaluation.

11.2. Further evaluation of Stage: I Technical Bid

(a) Corporation shall evaluate the Technical Bids to determine whether they are

complete, whether the required documents as asked for have been submitted and

whether the Technical bid is generally in order as per the qualifying conditions of

the tender.

(b) With respect to qualifying criteria, if any information/document is not submitted or

partly submitted or wrong document is submitted or the document submitted does not

explain fully the tender requirements, same can be sought by the Corporation from the

tenderer. Corporation, if necessary, can ask the tenderer for any specific clarification

relating to qualifying document / condition or can seek missing documents(s) within

the specified time of 10 to 15 days. For this purpose, the procedure stated below in

Para No.11.3 is to be followed and the specified clarification and missing document

is required to be uploaded on the same portal as per the procedure prescribed therein.

(c) Corporation can waive any minor infirmity or non-conformity or irregularity like

spelling mistake(s), signature missing on any page which does not constitute a material

deviation.


34

(d) The tenderer has the option either to respond or not to respond to these queries.

(e) The request for clarification and missing document(s) by the Corporation and the

response of the bidder shall be in writing and no change in price or substance of the

tender shall be sought, offered or permitted.

(f) If the tenderer fails to respond, within the stipulated time period or the clarification(s)/

document(s) submitted is non-conforming to requirement of tender conditions, no further

time will be given for submitting the same and the tender will be summarily rejected.

(g) All the responses to the clarifications will be part of the Proposal of the respective

tenderer and if the clarifications are in variance with the earlier information in the

proposal, the information provided in later stages will be the part of the agreement.

(h) Corporation in no way confers or gives the right to the bidders participating in the tender

inquiry as per this clause that the bidder has met with the minimum technical

qualification or shall not consider itself as technically qualified as per the tender

conditions.

11.3. Procedure to be followed for obtaining missing documents & specific clarification:

(i) An Icon for clarification shall appear on “Bid details” page (in front of each of the

bidder‟s name) at Corporation‟s end after opening of Technical / Financial Bid.

(ii) Corporation shall click on clarification icon for the desired bidder and enter the details of

clarifications / missing documents sought within the prescribed time.

(iii) After entering the details of clarification / missing document sought by the Corporation,

same icon shall appear at Bidder‟s end for replying to the particular clarification /

missing document sought by the Corporation. The system will also send the alert to the

bidder at his registered e-mail address about the clarification / missing document sought

by the Corporation.

(iv) Bidder will click on clarification icon and will reply to the same and upload the required

document (optional) in support of clarification sought and also submit missing document,

if any, within the prescribed time. Bidder cannot ask for any clarification from the

Corporation.

(v) Once the prescribed time expires, clarification icon from bidder site shall also disappear

automatically.

(vi) After expiry of prescribed time, Corporation shall download the clarification / missing

document submitted by the bidder.

The clarification/documents can be sought/ confirmed by the Corporation directly from

issuing authorities.







35

11.4. Disqualification Conditions:

(i) Tenderers who have been blacklisted or otherwise debarred by CWC, FCI or any

department of Central or State Government or any other Public Sector

Undertaking will be ineligible during the period of such blacklisting or a period of

5 years from date of blacklisting/debarment, whichever is earlier.

(ii) Any tenderer whose contract with the CWC, FCI or any department of central or

State Government or any other Public Sector Undertaking has been terminated

before the expiry of contract period at any point of time during last 5 years will be

ineligible.

(ii) Tender whose Security Deposit has been forfeited by CWC, FCI or any department

of Central or State Government or any other Public Sector Undertaking, on serious

/grave ground i.e. submission of false / forged / tempered / fabricated / manipulated

documents / information at any occasion during last five years will be ineligible.

(iv) If the proprietor / any of the partners of the tenderer firm / any of the Director of

the Tenderer company have been, at any time, convicted by a court for an

offence and sentenced to imprisonment for a period of three years rigorous

imprisonment or more, such tenderer will be ineligible. However, if on acquittal

by the appellate court the tenderer will be eligible.

(v) While considering ineligibility arising out of any of the above clauses, incurring of

any such disqualification in any capacity whatsoever (even as a proprietor, partner in

another firm, or as Director of a Company etc.) will render the tenderer disqualified.

(vi) Submission of false, dubious, forged or tampered documents by the tenderers shall

lead to the disqualification of the tender & action as deemed fit (Including forfeiture

of EMD) by the corporation shall be taken against such erring tenderer.

(vii) Any other non-compliance under NIT/Tender requirements.

12. EVALUATION/ SELECTION PROCESS:

The tenders received would be subject to a two-step evaluation procedure as described below:

Step-1: Evaluation of the Technical Bid:

Information for Technical Qualification (based on the eligibility criteria). In the first step, CWC

will evaluate the information submitted by the tenderer in Step-1, as mentioned at point-11, to

select the tenderers who shall be technically qualified for the subsequent step. Conditional

tenders / offers shall be liable for rejection.

Step 2: Evaluation of Price Bid

Price Bids in respect of the tenderers declared as technically qualified in Step-1 evaluation, will

be opened. The rates quoted by the tenderers will be multiplied by the quantum of work carried

out (during the period April 2019 to March 2020) for which the rate has been quoted

(Appendix-I). In case of the items where there has been no transactions 100 units against


36

those operations will be taken into consideration for the purpose of evaluation of the price

bids. The total amount thus worked out for all the operations will be categorized as L1, L2 and

so on starting from the lowest one and accordingly the tenderers will be ranked. The details of

volume handled during April 2019 to March 2020 operation wise is enclosed as Annexure-

XIX for information of the tenderers. The modalities for evaluation will be as under:

Tenderers are required to quote rates for all items of work described in the Appendix-I/SOR. In

case the rates for all items of work mentioned in Appendix-I/SOR are not quoted or In case the

bidder has not quoted rates written nil or dash or zero or left blank for a particular activity in the

SOR, it will be treated that the bidder is agreeing to carry out that activity free of cost and the

same has been considered and the costing has been taken care of in other items of SOR and his

bid will be evaluated accordingly. In all such cases the successful bidder will have to abide by

the decision of CWC, and carryout that particular activity at ZERO rate. No clarification on the

same shall be sought and CWC, reserves the right of interpretation of the same to its advantage.

If there is variation between the rates quoted in the figures and in words, only the lower of the

two rates quoted either in figures or in words, shall be construed as correct and valid.

13. CORRUPT PRACTICES:

Any bribe, commission or advantage offered or promised by or on behalf of the tenderer to any

officer or employee of the Corporation shall (in addition to any criminal liability which the

tenderer may incur) debar his tender from being considered. Canvassing on the part or on

behalf of the tenderer will also make the tender liable to rejection.

14. The Corporation reserves the right to ignore the tenderer who is in the same line of business

i.e. competing with the Corporation.

15. ACCEPTANCE OF TENDER:

The Regional Manager, CWC, RO, Delhi for and on behalf of the Corporation, reserves the

right to reject any or all the tenders, without assigning any reasons thereof and does not bind

himself to accept the lowest or any other tender.

When a tender is accepted, the successful tenderer will be advised of the acceptance of his

tender by a letter or FAX or E-mail, as formal “Acceptance of Tender”. Where acceptance is

communicated by telegram/ fax/E-mail, the formal acceptance of tender will be forwarded to

the tenderer, as soon as possible, but the telegram/fax/ E-mail must be acted upon immediately.

16. EXECUTION OF AGREEMENT:


37

The successful tenderer shall execute an agreement (in the form annexed at Appendix-II) and

take up the work within 30(thirty) days from the acceptance by Central Warehousing

Corporation. In the event of failure of successful tenderer to execute the agreement within

aforesaid period the contract is liable to be rescinded at the risk and cost of the tenderer and the

earnest money forfeited.

17. The Corporation reserves the right to call all the tenderers or any of them for seeking

clarification if required by the Regional Manager, CWC, RO, Delhi at their expenses.

However, the L1 tenderer only can be called for negotiations of rates, if required, at their

expenses.

18. Further, the Corporation reserves the right to award the work for all items of schedule of

operation or anyone/few of them by dropping the rest of items of schedule of operation for

which rates are called for herein. The decision of RM, CWC, RO, Delhi shall be final and

binding on the tenderer.

19. CWC and the Handling & Transportation Contractor (HTC) shall have to follow the provisions

of Customs Act, 1962 and the “Handling of Cargo in Customs Areas Regulations, 2009” in its

letter & spirit. As per Regulation 6(2) of the “Handling of Cargo in Customs Areas

Regulations, 2009” the Corporation is required to seek regularization of appointment of HTC

from the Customs. Any delay in getting the required regularization from the Customs, shall not

entitle the HTC to claim any compensation/ damages against the Corporation.

20. Submission of false, dubious, forged or tampered documents by the tenderers shall lead to the

disqualification of the tender and action as deemed fit (including forfeiture of EMD) by the

Corporation shall be taken against such erring tenderer.

21. It should be clearly understood by the tenderer(s) that no opportunity shall be given to

him/them to modify or withdraw his/their offer after the date & time stipulated for submission

of tender. In case of any modification or withdrawal of the offer by any bidder after the date &

time stipulated for submission of tender, the EMD submitted with tender shall be forfeited.

22. The tenderer has to indemnify CWC for any losses, accrued due to alteration/ modification

made/ observed in the terms and conditions, including General Conditions of the tender

downloaded from the website.

23. If at any stage, any change/ modification is noticed in the downloaded tender document,

tenderer will abide by the original terms and conditions, including General Conditions of the

tender, failing which, CWC reserves the right to reject the tender and/ or terminate the

contract.


38

24. The Contract, which may eventuate from this tender, shall be governed by the terms and

conditions of contract as contained in the invitation/ instructions to the tenderers and as given

in the annexures forming part of this tender and these documents will be sole repository of

the terms and conditions of the contract.

25. PERIOD OF CONTRACT:

(a) The period of contract will be 05 (Five) years from the date of commencement of the

contract.

(b) The Regional Manager, Central Warehousing Corporation, Regional Office, Delhi reserves

the right to terminate the contract at any time during its currency of the contract, without

assigning any reason thereof, by giving thirty days‟ notice in writing to the contractor at

their last known place of residence/business and the contractor shall not be entitled to any

compensation by reason of such termination. The action of the Regional Manager, CWC,

Regional Office, Delhi under this clause shall be final, conclusive and binding on the

contractor and shall not be called into question.

(c) Either party can terminate the contact by serving six (06) month notice. It is however

made clear that during this period, i.e., the notice period, the entire operations at ICD

Patparganj shall continue in terms of the provisions of the agreement.

REGIONAL MANAGER

Central Warehousing Corporation,



39

TERMS AND CONDITIONS GOVERNING HANDLING & TRANSPORTATION OF

CARGO/ ISO CONTAINERS AND OTHER ALLIED SERVICES AT INLAND

CONTAINER DEPOT, PATPARGANJ, DELHI AND ICD-TUGHLAKABAD/

TUGHLAKABAD RAILWAY SIDING, NEW DELHI/ICD- LONI/ LONI RAILWAY

SIDING.

I. DEFINITIONS:

i) `Managing Director’ shall mean the Managing Director of the Corporation.

ii) `Regional Manager’ means, Regional Manager of Central Warehousing Corporation,

Regional Office, Delhi.

iii) `Manager‟ shall mean the Manager, Inland Container Depot, Patparganj, the officer in-

charge of the ICD.

iv) `Container‟ shall mean ISO containers used in international trade for export/import cargo,

which could be 20‟, 30‟, 35‟, 40‟&45‟ or such other size viz flat rake, open top, over

dimension cargo container (high dome or such other size) as may be included by the

Manager-ICD, Patparganj. This would include reefer containers also. However, any

container above 20‟ will be treated as 40‟ container only irrespective of its size being 30‟,

35‟, 45‟ etc.

v) `Inland Container Depot’ means the area so designated for the purpose at Patparganj,

including the open/covered areas and other areas which may be added later to the complex

including Loni as Transshipment siding.

vi) `Container Yard’ would mean any developed area in the Inland Container Depot premises

including Loni siding or any extension thereof for keeping containers as per the directions

of Manager, Inland Container Depot or any other officer authorized on his behalf.

vii) The term `Contract’ shall mean and include the invitation to tender, incorporating also the

instructions to tenderers, the tender, its annexure, appendices and schedules, acceptance of

tender and such general & special conditions as may be added to it.

viii) The term `Contractor’ shall mean and include the person firm or a body incorporate with

whom the contract has been placed including their heirs, executors‟ administrators,

successors and their permitted assign, as the case may be.

ix) The terms `Contract rates shall mean the rate of payment accepted by the Regional

Manager, for and on behalf of the Corporation.


40

x) The terms `Corporation‟ or `Central Warehousing Corporation’ wherever occurs shall

mean the Central Warehousing Corporation established under Warehousing Corporation

Act, 1962 and shall include its administrators, successors and assigns. It will also be called

CWC.

xi) `Services’ shall mean the performance of any of the items of work enumerated in schedule

of services including such auxiliary, additional and incidental duties, services and

operations as may be indicated by the Manager, Inland Container Depot, Patparganj or any

person nominated by him in this behalf.

xii) `ICD-TKD/TKD-Rail Siding/ICD Loni/Loni Rail Siding/ICD-Patparganj/’ means any

nominated areas/designated area for the purpose at the above Inland Container Depot

including open/covered area and other areas which may be added later to these complex.

xiii) `Any other CFS/Warehouse‟ means a nominated/designated area for the purpose located

in the NCT of Delhi or nearby DMA town within a radius of 100 KMs from ICD-TKD or

ICD Loni or ICD-Patparganj.

II. OBJECT OF THE CONTRACT:

The contractors shall render all or any of the services given in Clause XXI and schedule of

operations as and when necessary, and as directed from time to time by the Manager, ICD-

Patparganj or any other officer acting on his behalf, together with such additional/auxiliary

and incidental duties, services and operations as may be indicated by the Manager, ICD-

Patparganj or any officer acting on his behalf and are not inconsistent with these terms and

conditions.

III. PARTIES TO THE CONTRACT:

(i) The parties of the contract are the contractor & Central Warehousing Corporation

represented by the Regional Manager and/or any other person authorized & acting on

his behalf.

(ii) The person signing the tender or any other documents forming part of the tender on

behalf of any other person or a firm, shall be deemed to warrant that he has authority to

bind such other person or the firm as the case may be in such matters pertaining to the

contract including the arbitration clause. If, on inquiry, it is found that the person

concerned has no such authority the Central Warehousing Corporation represented

through the Regional Manager, Central Warehousing Corporation, Delhi may without

prejudice to other civil and criminal remedies terminate the contract and hold the

signatory liable for all costs and damages.


41

(iii) Notices or any other action to be taken on behalf of the CWC may be given/taken by

Regional Manager, CWC, RO, Delhi or any other officer so authorized and acting on his

behalf.

IV. CONSTITUTION OF CONTRACTORS:

a) Contractor shall at time of submission of tender declare, whether they are sole proprietary

concern or registered partnership firm or Private Ltd Company or a body Corporate

incorporated in India or Hindu Undivided Family. The composition of the partnership,

names of Directors of companies and names of the Karta of Hindu Undivided Family shall

also be indicated. The contractor shall also nominate a person (s) in whose hands the

management and control of the work relating to the contract during the tenure of the

contract would lie. The person so nominated shall be deemed to have power of attorney

from the contractor(s) in respect of the contract and whose act shall be binding on the

contractors.

b) The contractor shall not, during the currency of the contract, make without the prior

approval of the Corporation, any change in the constitution of the firm. The contractors

shall notify to the Corporation the death/resignation of the partners/Directors immediately

on the occurrence of such an event. In the absence of receipt of such notice, approval, the

Corporation shall have the right to terminate the contract as soon as it comes to know of it.

c) PRINCIPLES OF THE MEMORANDUM OF UNDERSTANDING TO BE

EXECUTED BETWEEN THE MEMBER COMPANIES OF A CONSORTIUM/

JOINT VENTURE.

If the Tender application is submitted by a Consortium/Joint Venture of two or more

firms;

a. It shall be signed by each member party to the Consortium/Joint Venture so as to be

legally binding on all parties.

b. One of the partners shall be nominated as the lead partner and this authorization shall

be evidenced by submitting a power of attorney signed by legally authorized signatories

of all the partners.

c. The experience of container handling and/or transported as mentioned in case of

Consortium/Joint Venture shall be determined by adding together the experience of all

partners of a Consortium/Joint Venture. However, as a qualifying criterion, the lead

partner must have at least 60% of minimum experience mentioned in the above clause.

d. The equipment as mentioned in clause XXII 2 (vii) can be provided by any or all


42

partners of the Consortium/Joint Venture.

e. It shall be accompanied by a legal document signed by all the parties to the

Consortium/Joint Venture confirming therein a clear and definite manner of the

prepared administrative arrangements for the management and execution of contract,

the delineation of duties, responsibilities and scope of work to be undertaken by each

such party and the authorized representative of the Consortium/Joint Venture.

f. The tender application shall include a copy of the Consortium/Joint Venture agreement

which shall inter-alia, that all partners shall be liable jointly and severally for the

execution of the contract and the lead partner shall be authorized to incur liabilities and

receive instructions for and on behalf of any or all partners, and the entire execution of

the contract including payments shall be done exclusively with the lead partner.

g. The agreement for the Consortium/Joint Venture between the partners shall be

notarized /registered as per Laws of the Union of India

V. SUBLETTING:

The contractor shall not sublet, transfer or assign the contract or any part thereof without the

previous written approval of the Corporation. In the event of the contractors contravening

this condition, the Corporation shall be entitled to place the contract elsewhere on the

contractors‟ account and at their risk and cost and the contractors shall be liable for any loss

or damage which the Corporation may sustain in consequence or arising out of such

replacing of the contract.

In case of Individual/Sole Proprietorship firm, if the contract comes to end due to death of

Individual/Contractor or Sole Proprietor of Sole Proprietorship firm, the contract shall not

be awarded to his legal heirs.

VI. RELATIONSHIP WITH THIRD PARTIES:

All the transactions between the contractors and third parties who are in no way connected

with the clearance of ISO containers cargo/packages from the ICD shall be carried out as

between two principals without reference in any event to the Corporation. The contractors

shall also undertake to make third parties fully aware of the position aforesaid (it should not

be done if it pertains to work at ICD, Patparganj).

VII. LIABILITY FOR LABOUR AND/OR PERSONNEL ENGAGED BY THE

CONTRACTOR.

1. (a) Every tenderer, whose tender is accepted by the Corporation, shall immediately apply for

license to the prescribed licensing authority through the CWC (Principal Employer) in terms of


43

Section 12 of the Contract Labour (R&A) Rules 1971, before entering upon any work under the

contract. The contractor shall also obtain temporary license, whenever required, under Rule 32

of the relevant Rules, in case where he intends to employ more labour in number than that

mentioned in the regular license for short duration, not exceeding 15 days. The contractor shall

also make an application through the Principal Employer for renewal of the regular license at

least two months before expiry of the regular license. The contractor shall also get the

temporary license renewed, whenever necessary through the Principal Employer. If for any

reason, the application for a license is finally rejected by the licensing authority/appellate

authority, the contract shall be liable to be terminated at the risk and cost of the contractor and

the decision of the Regional Manager, CWC, RO, Delhi in this regard will be final and binding

on the contractor.

(b) All persons employed by the contractors shall be engaged by them as their own

employees/workers in all respects and the responsibility under the Workmen‟s

Compensation Act 1923; Employees Provident Fund Act 1952; Maternity Benefit Act

1961; Contract Labour (Regulation & Abolition) Act 1970; Payment of Gratuity Act 1972;

Equal Remuneration Act 1976; ESI Act 1948; Minimum Wages Act 1948 or any other

similar enactments and rules made there under with up to date amendments in respect of

all such personnel shall be that of the contractor. The contractor shall be bound to

indemnify the Corporation against all claims whatsoever, in respect of the said personnel

under the Workmen‟s Compensation Act, 1923 or any statutory modification thereof, or

otherwise for in respect of any damage or compensation payable inconsequence of any

accident or injury sustained by any workmen or other person whether in employment of

the contractor or not.

(c) The contractor shall be liable for making contributions in accordance with the provisions

of the Employees Provident Funds Act, 1952, and the scheme framed there-under in

respect of the labour employed by him. The contractor shall recover the amount payable

by such employees and deposit the same with concerned PF authorities. The contractor

shall enclose the copy of Challan form in support of payment of bipartite PF contribution

with the successive wage bill to the principal employer failing which the H&T bills will

not be cleared. If, on account of the default of the contractor in making such payments or

for any other reason, the Corporation makes such contributions on behalf of the contractor,

the CWC shall be entitled to set off against the amount due to the contractor, the

contributions made by it including penalty, if any on account of his default in making

payments or otherwise in respect of the labour employed by the Contractor.

The Contractor shall also maintain such records and also submit such returns as may be

prescribed under the Act to the Authority designated in the EPF Act, 1952 and the scheme

framed there-under, and to the Regional Manager, CWC. The contractor shall also make

available such records and returns as may be prescribed and/or demanded for inspection


44

to the Officers of the Regional Provident Commissioner and to the Regional Manager,

CWC or an Officer authorized by him or acting on his behalf.

(d) In complying with the said enactments or any statutory modifications thereof, the

contractor shall also comply with or cause to be complied with, the labour regulations

enactments made by the State Govts./Central Govt. from time to time in regard to

payment of wages to the workers, wage period, deduction from wages, recovery of

wages not paid and deductions unauthorizedly made, maintenance of wage book or wage

slip, publication of scale of wages and other terms of employment, inspection and

submission of periodical returns and all other matters of like nature.

(e) The Corporation shall be fully indemnified by the contractor against all the payments,

claims and liabilities whatsoever incidental or direct arising out of or for compliance with

or enforcement of the provisions of the above aid Acts or similar other enactments of the

country as they are at present or as they would stand modified from time to time to the

extent they are applicable to the establishment/work in the Corporation.

(g) The Regional Manager, Central Warehousing Corporation, Delhi shall have the right to

deduct from bills any money due to the contractor, any sum required or estimated to be

required for making good the loss suffered by a worker or workers by reason of non-

fulfillment of the conditions of the contract for the benefit or believe to be for the benefit of

the workers, non-payment of wages or deductions made from his or their wages, which are

not justified by the terms of the contract or non-observance of the Rules, Regulations and

or by way of fulfillment of any obligations on the part of the contractor for strict

observance of the provisions of the aforesaid laws.

(h) In every case in which by virtue of the provisions of sub-section (1) of Section 12 of the

Workmen‟s Compensation Act, 1923, the Corporation is obliged to pay compensation to a

workman employed by the contractor in execution of the contract, the Corporation will

recover from the contractor the amount of the compensation so paid and without prejudice

to the rights of the Corporation under sub-section (2) of Section 12 of the said Act. The

Corporation shall be at liberty to recover such amount or any part thereof by deducting it

from the security deposit or from any sum due by the Corporation to the Contractor whether

under this contract or otherwise.

(i) Notwithstanding the fact, whether the said legislation/enactments or any statutory

modification thereof, are applicable or not to the employees/workers employed by the

contractor who shall pay and provide the following to them.

I. PAYMENT OF WAGES TO WORKERS:

The contractors shall pay not less than minimum wages to the workers engaged by


45

them on either time rate basis or piece rate basis on the work. Minimum wages both for

the time rate and for the piece rate work shall mean the rate(s) notified by appropriate

authority at the time of inviting tenders for the work. Where such wages have not been

so notified by the appropriate authority, the wages prescribed by the Regional Manager

as minimum wage shall be made applicable. The contractor shall maintain necessary

records and registers like wage book and wage Slip etc. Register of unpaid wages

and Register of Fines and Deductions giving the particulars as required under

applicable rules & regulations. The minimum wages prescribed for the time being for

piece rate and time rate workers are as indicated below :

a. Time rated worker („Male‟)

– do - („Female‟)

1. Piece Rated Workers

Provided that equal wages to women labour at par with men shall be paid for similar

nature of work to comply with the provisions of Equal Remuneration Act 1976.

II. WEEKLY OFF:

The contractor shall allow or cause to be allowed to the workers directly or indirectly

employed in the work, one day‟s rest for six days continuous work and pay wages at the

same rate as for duty.

III. ATTENDANCE ALLOWANCE:

The contractor shall pay attendance allowance at prescribed rate per day to the workers

generally employed by him on piece rate or time rate basis when such worker reports for

on the day but is not booked or given work for the day shift.

IV. WELFARE AND HELATH OF CONTRACT LABOUR

AND

V. DUTIES & RESPONSIBILITIES OF THE CONTRACTOR:

(A) CANTEEN:

i) Under Section 16 of the Contract Labour (Regulation and Abolition) Act 1970,

the contractor shall provide, within 60 days from the commencement of the

employment of contract labour or where the employment of contract labour is

likely to continue for six months and where in contract labour numbering one

hundred or more are employed, an adequate canteen.


46

ii) If the contractor fails to provide the canteen within the time laid down in Para (i)

the same shall be provided by the Principal Employer and all expenses incurred by

the Principal Employer in providing this amenity shall be recovered by the

Principal Employer from the contractor either from the admitted bills submitted

by the contractor from time to time or shall be treated as debt payable by the

contractor.

iii) The canteen shall be maintained by the contractor in accordance with the

provisions of the relevant laws, rules and regulations.

iv) The food stuffs and other eatables to be served in the canteen shall be in

conformity with the normal habits of the contract labour.

v) The changes for foodstuffs, beverages and other eatables served in the canteen

shall be based on `NO PROFIT, NO LOSS” and shall be conspicuously displayed

in the canteen.

vi) In arriving at the prices of foodstuffs and other articles served in the canteen the

following items shall not be taken into consideration as expenditure viz.:

a) The rent for land and building

b) The depreciation and maintenance charges for the building and equipment

including furniture, crockery, cutlery and utensils.

c) The water charges and other charges incurred for lighting and ventilation.

d) The interest on the amount spent on the provision and maintenance of

furniture and equipment provided in the canteen.

vii the books of accounts and registers and other documents issued in connection

with therunning of the canteen shall be produced on demand for inspection.

viii the account pertaining to the canteen shall be audited once every 12 months by

registered accountants and auditors.

Provided that the Chief Labour Commissioner (Central) or an officer authorized by the

appropriate Govt. (Appropriate Govt. in the case of CWC is the Central Government) may

approve of any other person to audit the accounts, if he is satisfied that it is not feasible to

appoint a registered accountant and auditor in view of the site or location of the canteen.

(B). REST ROOMS:

(i) In every place where in contract labour is required to halt at night in connection

with working and employment of contract labour which is likely to continue for 3

months or more, the contractor shall provide and maintain rest rooms within 15

days of the commencement of the employment of contract labour.

(ii) If the amenity referred to in sub-rule(i) is not provided by the contractor within the

prescribed period, the Principal Employer shall provide the same after expiry of


47

the same period laid down in sub-rule (i) and expenses incurred deducted as per

Clause I(ii).

(iii) Separate rooms shall be provided for the women employees.

(iv) Effective and suitable provision shall be made in every room for securing and

maintaining adequate ventilation by the circulation of fresh air and these shall

also be provided and maintained and suitable natural or artificial lighting.

(v) The rest room(s) shall be of such dimension as provided for in rules framed under

the Contract Labour (Regulation & Abolition) Act of the appropriate Government.

(vi) The height of the shelter shall not be less than 11 ft. from the floor level to the

lowest part of the roof. The sheds shall be roofed with at least thatch and mud

flooring with a dwarf wall around, not less than 2.6 ft. Sheds as provided should

be kept clean and should be able to provide adequate protection against heat, wind,

rain and shall have smooth, hard and impervious floor surface.

(vii) The rest room(s) shall be at convenient distance from the establishment and shall

have adequate supply of wholesome drinking water.

(C) LATRINES AND URINALS:

(i) Under Section 18 of the Contract Labour (Regulation and Abolition) Act 1979, it

shall be duty of the contractor to provide adequate number of latrines that;

a) Where females are employed, there shall be at least one for every 25

females.

b) Where males are employed, there shall be at least one latrine for every 25 males.

Provided that where the numbers of males orfemales exceeds 100, it shall be

sufficient if there is one latrine for every 25 males or females up to the 100, and

one for every 50 thereafter.

ii) Every latrine shall under cover and partitioned off as to secure privacy and shall

have proper doors and fastenings.

iii) Where workers of both sexes shall be employed, there shall be displayed outside

each block of latrines and urinals as notice, in the languages understood by majority

of the workers as `FOR MEN ONLY and “FOR WOMEN ONLY” bearing the

figures of a man or a woman as the case may be.

iv) There shall be at least one urinal for male workers upto 50 and one for female

workers upto 50 at a time. Provided that where the number of males or females

exceeds 500, there should be one urinal for every 50 males upto the first 500 and

one for every 100 or part thereof, thereafter.


48

v) (a) The latrine and urinals shall be conveniently situated and accessible to

workers at all times.

(b) The inside walls shall be constructed of masonry or some suitable heat

resisting non-absorbent materials and shall be cement washed inside and outside at

least once in a year. The date of cement washing shall be noted in the register

maintained for the purpose and kept available for inspection. Latrines and urinals,

other than those connected with a flush sewage system, shall comply with the

requirements of the Public Health Authorities.

(c) Water shall be provided by means of a tap or other-wise so as to be

conveniently accessible in or near the latrine and urinals.

(D) WASHING FACILITIES:

i) Adequate and suitable washing and bathing places, separately for men and women,

shall be provided by the contractor.

ii) Such facilities shall be conveniently accessible and shall be kept clean and in

hygienic conditions.

(E) FIRST AID FACILITIES:

I. The contractor shall provide and maintain readily available first aid boxes during all

the working hours at the rate of not less than one box for 150 contract labour or part

thereof.

II. The first aid box shall be distinctively marked with Red Cross on a white back

ground and shall contain the equipment as provided for in the Contract Labour

(Regulation & Abolition) Act 1962.

III. Adequate arrangement should be made for immediate recoupment of the equipment,

whenever necessary.

IV. If the amenity is not arranged by the contractor within thirty days from the

commencement of the contract, the same shall be provided by the Principal

Employer after the expiry of the said period and the expenses incurred shall be

either deducted from the admitted bills of the contractor or treated as debt payable

by the contractor.

V. Nothing except the prescribed contents shall be kept in the first aid box.

VI. The first aid box shall be kept readily available in-charge of person trained in first aid

treatment.

Aforesaid wage/benefits at Clause VII (1) (i)(I) to (V) shall be deemed to be a part of

this contract and any contravention thereof shall be deemed to be a breach of this

contract. The Regional Manager shall have the right to deduct from money due to the

contractor, any sum required for making goods the loss suffered by the worker or


49

workers by reasons of non-fulfillment of the condition of the contract for the benefit of

workers, non-payment of wages, or of deductions made from his or other wages which

are not justified or non-observations of the regulations enactment mentioned in Clause

VII (1) (b) to (c).

(j) GST or any other tax on input material or services used by contractor in respect of this contract

shall be payable by the contractor and Central Warehousing Corporation will not entertain

any claim whatsoever in this respect.

(k) To ensure guidelines of Government/Statutory authorities, the contractor shall ensure

payment of wages to the workers, through digital mode, directly to their bank accounts. As

Principal Employer, and as & when asked by CWC, shall furnish required document(s) to

the Corporation for verification etc.

2.

(i) The contractor shall not employ any person/labourers below the age permissible by law.

The contractor shall indemnify the Corporation from and against all claims and penalties

which may be suffered by the Corporation or any person employed by him by reason of any

default on the part of contractor to observe and/or in the performance of provision of

Employment of Children Act (XXVI) of 1938 or any re-enactment or modification of the

same.

(ii) The responsibility to comply with the provision of the various labour laws of the country

such as Factories Act, 1948, Payment of Wages Act of 1936, Workmen‟s Compensation Act,

1923, Employees Provident Fund Act, 1952, Maternity Benefit Act, 1961, Contract Labour

(Regulation and Abolition) Act, 1970, Payment of Bonus Act, 1965, Payment of Gratuity

Act, 1972, Equal Remuneration Act, 1976 or any other Act, to the extent they are applicable

to their establishment/workmen, will be solely that of the contractor. The RM, CWC, Delhi

on behalf of the Central Warehousing Corporation, in the capacity of principal employer will

have every right to demand that the wages shall be disbursed to the workmen/employees of

the contractor in the presence of their representative.

(iii)The Manager, ICD-Patparganj shall allow the contractor, his agents, representative or

employees to enter into the Inland Container Depot premises for the sole purpose of

rendering the said services for CWC. The contractor shall agree and undertake to make good

any loss or damage caused to the premises, goods, equipments and property by his agents,

representative or employees while rendering the said services. However, it is clarified that

the employees of contractor shall be deployed in the operational areas only. The contractor‟s

employees without assigned job shall under no circumstance enter the ICD premises.


50

(iv) The contractor shall give his employees neat and clean uniforms for summer and winter

seasons at no extra charges to CWC and ensure that all his employees are always in neat and

clean and properly washed and ironed uniforms, while on duty. All the employees shall

invariably have their name tags attached to their labels for easy recognition. The laminated

name tags with photographs should be signed by the contractor and got countersigned by the

Manager, ICD-Patparganj, Delhi or any other officer nominated for this purpose. In case

the contractor fails to comply with the provisions under this clause, RM, CWC, RO, Delhi

will be free to do the needful at their risk and cost and recover the amount from the

contractor.

(v) Full details about the names, addresses, both local and permanent and three copies of their

photographs will be furnished to Manager, ICD-Patparganj or his representative. They will

also be provided with necessary photo identity cards by the contractor duly verified by

Manager, ICD-Patparganj for regulating their entry into ICD premises atPatparganj for the

purposes connected with this work.

(vi) In case the Manager-ICD, Patparganj, Delhi demands the contractor for removal of any of his

employees; the contractor shall do so forthwith. The decision of Manager-ICD, Patparganj,

shall be final and binding on the contractor and the Corporation shall be in no way be liable

for any consequence for which the contractor will be fully responsible.

(vii) In complying with the said enactments or any statutory modifications thereof the

contractors shall also comply with or cause complied with the labour regulation/enactments

made by the State Govt. /Central Govt. from time to time in regard to payment of wages to

the workers, wage period, deduction from wages, recovery of wages not paid and deductions

unauthorisedly made, maintenance of wage book or wage slip. Publication of the scale of

wages and other terms of employment inspection and submission of periodical returns and

all other matters of like nature.

(viii) In every case in which by virtue of the provisions of the contract Labour (Regulation and

Abolition) Act and the contract Labour (Regulation and Abolition) Rules, the Corporation is

obliged to pay any amount of wages to a workman employed by the contractor in execution

of a contract, or to incur any expenditure in providing Welfare and or health amenities

required to be provided under the above said Act and Rules or under Rules framed by the

Government from time to time for the protection of health and sanitary arrangements for

workers employed by the Central Warehousing Corporation contractors, the Corporation will

recover from the contractor the amount of wages so paid or the amount of expenditure so

incurred without prejudice to the rights of the Corporation under sub-section (2) of Section

20 and sub-section(4) of section 21 of the Contract Labour (Regulation and Abolition) Act.

The Corporation shall also be at liberty to recover such amount or any part thereof by


51

deducting it from the security deposit or from any sum due by the Corporation to the

contractor, whether under this agreement or otherwise.

(ix) The Corporation shall not be bound to contest any claims made against it under Contract

Labour (Regulation and Abolition) Act or Workmen‟s Compensation Act or any other

similar Act, in respect of contract labour.

(x) The contractor, where required shall obtained a valid license under the Contractor Labour

(R&A) Act 1970, and the Contract Labour (R&A) Rules before the commencement of the

work and shall continue to have a valid license until the completion of the contract.

Similarly, after appointment, contractor shall immediately obtain EPF Registration from the

prescribed EPF licensing/registration authority & shall ensure to comply all relevant

provision of Contract Labour (R&A) Act 1970, and the Contract Labour (R&A) Rules and

Employees Provident Fund Act, 1952 and as & when asked shall furnish required

document(s) to the Corporation for verification etc. CWC as Principal Employer shall

provide requisite documents to enable contractor to get labour license and EPF registration.

(xi) The contractor shall pay to the labourers employed by him either directly or through sub

contractors, wages not less than the “fair” wages, if any, of the “minimum rates of wages” if

any notified by the Government of the state in which the work is carried out or as per the

provisions of the Contract Labour (R&A) Act and the contract labour (R&A) Rules,

wherever applicable. Besides the contractor shall also be responsible to provide all basic

facilities as envisaged under Section 16 to 19 of the Contract Labour (R&A) Act 1970.

(xii) The contractor shall be liable for making contributions in accordance with the provision of

the Employees Provident Fund Act 1952 and the scheme framed thereunder in respect of

the labour employed by him. The contractor shall submit by the 5th

and 20th

of every

month to the Manager a statement showing in respect of the second half of the preceding

month and the first half of current month respectively:

ii. The number of labourers employed by him.

iii. Their working hours.

iv. The wages paid to them,

v. The accidents that occurs during the said fortnight showing the circumstances

under which they occurred and the extent of damage and injury caused by

them and,

vi. The number of female workers who have been allowed Maternity Benefit and

the amount paid to them.

(xiii) Under Rule 30(1) of the Workmen Compensation Rules 1924, action will have to be

taken by the CWC as Principal Employer immediately on receipt of the notice of


52

application for compensation on behalf of workmen or his legal heirs to inform the labour

Commissioner that Central Warehousing Corporation, intends to claim indemnification

from the contractor and get a notice of the claim served on him at once. Thereafter, it is

for the Commissioner under Rule 39(5), if he awards any compensation to record a

finding whether the contractor is or is not liable to indemnify the Principal. Once such

finding is obtained by the CWC in its favour, the provisions of the contract in the

aforesaid revised clause can be invoked by CWC to adjust/set off such amount against

any amounts due to the contractor by the Corporation on any other account. It needs no

mention that such adjustment can be done only after determination by the Labour

Commissioner of the liability of the contractor to indemnify the CWC.

Once the Labour Commissioner has passed his order under Section 12(2) determining the

liability of the contractor, and the CWC‟s entitlement to be indemnified by the Contractor

in respect of compensation, the CWC can set off and adjust any amount of the contractor

lying in its hands. If, however, no amounts are available for such adjustment, the

Corporation can invoke the provisions of Section 31 of the Act and approach the

Commissioner to recover the amount due to Corporation from the contractor. There will

be no need to file a separate Civil Suit against the contractor for such recovery.

VIII. BRIBES, COMMISSION, CORRUPT PRACTICES, GIFTS ETC.

Any bribe, commission, gift or advantage given promised or offered by or on behalf of

the contractors or any one or more of their partners/Directors agents or servant or anyone

else on their behalf to any officer, servant, representative or agent of the Corporation or

any person on his or their behalf for showing the bearing, favour or dis-favour to any

person in relation to the contract, shall subject the contractors to the cancellation of this

contract or any other contract with the Corporation and also to payment of any loss or

damage if any, resulting from such cancellation.

IX. PERIOD OF CONTRACT:

(a) The contract shall remain in force for a period of 05 (Five) years from the date of

taking up the work.

(b) The Regional Manager, CWC, RO, Delhi reserves the right to terminate the

contract at any time during the currency of the contract, without assigning any

reason thereof, by giving thirty days notice in writing to the contractors at their last

known place of residence/business and the contractors shall not be entitled to any

compensation by reasons of such termination. The action of the Regional

Manager, Central Warehousing Corporation, Delhi under this clause, shall be final

conclusive and binding on the contractor and shall not be called into question.


53

c) Either party can terminate the contact by serving six (06) month notice. It is however

made clear that during this period, i.e., the notice period, the entire operations at ICD

Patparganj shall continue in terms of the provisions of the agreement.

(X)-(A). SUMMARY TERMINATION:

a) In the event of the contractors having been adjudged insolvent or going into liquidation

or winding up their business or making arrangements with their creditors or failing to

observe any of the provisions of this contract or any of the terms and conditions

governing the contract, the Regional Manager, CWC, RO, Delhi shall be at liberty to

terminate the contract forthwith, without prejudice to any other rights or remedies under

the contract and to get the work done for the unexpired period of the contract at the risk

and cost of the contractor and to claim from the contractor any resultant loss sustained or

costs incurred.

(b) The Regional Manager, CWC, RO, Delhi shall also have, without prejudice to other

rights and remedies, the right in the event of breach by the contractor of any of the terms

and conditions of the contract to terminate the contract forthwith and to get the work

done for the unexpired period of the contract at the risk and cost of the contractor and/or

forfeit the security deposit or any other part thereof for the sums due to any damages

losses, charges, expenses or costs that may be suffered or incurred by the Corporation

due to the contractor‟s negligence or un-workman like performance of any of the

services under the contract.

(c) In the event of security or sum due under the contract being insufficient to cover the

claim amount or amounts the Regional Manager shall be entitled to withhold and has a

lien to retain to the extent of such amount or amounts referred to above from any sum or

sums found payable or what at any time thereafter may become payable to the contractor

under the same contract or any other contract with the Corporation pending finalization

of adjudication of any such claims.

(d) In case, after acceptance of tender, the successful tenderer executes the agreement and

furnish requisite security deposit but fails to give satisfactory performance. The decision

to terminate the contract of defaulting contractor after following the laid down procedure

and get the work done at their risk and cost for the un-expired period of contract as per

the provision in the tender document, shall be taken by the Corporation.

X-(B). BLACKLISTING OF CONTRACTOR:

i) Any false/wrong information/credentials submitted shall lead to the tenderers being

blacklisted in and debarred for participating in tender for next five years besides forfeiture

of the Earnest Money Deposit.


54

ii) Non-performance/defaulting H&T contractor shall be suspended and trade relations with

such suspended H&T contractor will be banned or black-listed for a period upto 5 years

based on merits of each case by the Managing Director and his decision shall be final and

binding.

XI. SECURITY DEPOSIT:

a) The successful tenderer shall furnish, within Fifteen days* of acceptance of his tender,

security deposit of Rs. 41,75,000/- (Rupees Forty One Lakh Seventy Five Thousand

only) (i.e. 5% of the advertised estimated annual value of the tender) failing which the

contract shall liable to be cancelled at his risks and cost and also subject to such other

remedies as may be available to the Corporation under the terms of the contract. The

contractor at his option may deposit 50% of the prescribed security deposit at the time of

award of the contract and the balance 50% may be paid by deductions from his admitted

running bills at the rate of 05% of running admitted bills.

The Earnest Money Deposit of the successful tenderer can be adjusted against the

security deposit.

*After awarding of the contract the contractor has to furnish the Security Deposit within

the stipulated time limit of fifteen days. The extension in the time limit not more than

15(fifteen) days can be granted by the Regional Manager subject to levy of penalty on the

amount of Security Deposit @ 1% for 15 days or part thereof. The contract will be

terminated, in case the contractor failed to submit the SD within the stipulated time of 30

(including extension of 15 days) days. The EMD will be forfeited and the contractor will

be debarred from future participation in any tender of CWC for the period of 05 years.

b) The security deposit shall be in favor of the “Regional Manager, Central Warehousing

Corporation, Regional Office, New Delhi” in the form of Bank Guarantee issued by any

nationalized / scheduled bank payable at Delhi/New Delhi. The contractor will have the

option, to furnish the Security Deposit by furnishing a bank guarantee for the total amount

of the Security Deposit if he doesn‟t want the amount to be deducted from his running bills

towards 50% of the security as provided above. The bank guarantee shall be valid not only

for the entire period of contract but also for a minimum period of one year after the

completion / termination of the contract or till the settlement of any dispute under

arbitration / court, if any, of the contract to satisfy the claims of the Corporation against the

contractor, if any, for the contract to which the guarantee relates and in the format at

Appendix - III issued by any branch of the nationalized/scheduled bank situated at Delhi.

(c) If the successful tenderer had previously held any contract and furnished security deposit,

the same shall not be adjusted against this tender and a fresh security deposit will be

required to be furnished.


55

(d) The security Deposit will be refunded to the contractor on due and satisfactory

performance of the services and on completion of all obligations by the contractor under

the terms of the contract and submission of “No Demand Certificates” both by the

Manager-ICD, Patparganj, Delhi and the contractor subject to such deductions from the

security deposit as may be necessary for making up the Corporation‟s claim against the

contractor. It is made very clear that no interest is payable on the amount of security

deposit lying with Central Warehousing Corporation in any form under the

contract.

(e) In the event of the Security being found insufficient or if the security has been wholly

forfeited, as the case may be the balance of the total sum recovered shall be deducted

from any sum then due or which at any time thereafter may become due to the contractor

under this or any other contract with the Corporation. Should that sum also be not

sufficient to cover the full amount recoverable, the contractor shall pay to the Corporation

ondemand the remaining balance due whenever the security deposit falls short of the

specific amount, the contractor shall make good the deficit so that the total amount of

security deposit shall not at any time be less than the specific amount.

The decision of the Regional Manager, Central Warehousing Corporation, Regional

Office, Delhi as to the amount determined for deduction from the Security Deposit will

be final and binding on the contractor.

XII. LIABILITY OF CONTRACTOR FOR LOSSES ETC. SUFFERED BY

CORPORATION:

a) The contractor shall at all times provide the below mentioned equipment at the ICD:

i) Two reach stackers capable for handling both20‟&40‟ loaded containers which

can either be owned or hired or leased.

ii) One Heavy duty mobile cranes of 30-40 MT capacity.

iii) Sixty (60) hand-trolleys.

iv) Fifteen (15) Tractor Trailers of 40‟ size.

v) Fifteen (15) Low Mast forklifts of 3 MT capacity.

vi) Two (2) heavy duty forklifts of 10 MT capacity.

vii) Hydra crane – One (1) of 12 MT or lesser capacity.

b) The contractor shall at all times provide adequate number of trucks, equipments,

mechanical and manual aids for handling and haulage of the cargo/containers. The

personnel in different categories will have to be positioned by the contractor. This

would be needed for smooth operations of the work of handling, transport, storage,


56

inspection and delivery of the containers/cargo. In the event of any fault or defaults on

any particular day/days on the part of the contractor in providing adequate equipments,

vehicles or personnel or to perform any of the service mentioned herein efficiently and

to the entire satisfaction of the Manager-ICD or the Warehouse Manager , the

Regional Manager without prejudice to other rights and remedies under this contract,

shall have the right to recover by way of Penalty from the contractor @ Rs.

6000/- per day per Top Lifter/Reach Stacker, Rs. 2000/- per day per Crane, Rs.

500/- per day per forklift, Rs. 200/- per day per tractor trailer and Rs. 500/- only

per day per default of other kind, plus actual claims if any, received from the users,

Ground rent of a loaded container/Empty Container on TEU basis/storage charges,

on the highest slab of the tariff applicable till the exhaustion of Security Deposit ,

besides making temporary alternative arrangements to cope up with the work at

the risk and cost of the contractor who will be liable to compensate the

consequential damages, if any. The decision of the Regional Manager, CWC, RO,

Delhi on the question whether the contractor has committed such a fault or has failed

to perform any of the services efficiently and also his liability for payment of

penalty/compensation and its quantum, shall be final and binding on the contractor

which shall be without prejudice to other rights and remedies of the Corporation under

the contract.

c) The contractor shall exercise all care and precaution and use proper equipments for

handling and transportation of various types of containers and consignments to avoid

any damage or loss to the container and cargo at any stage. The contractor shall be

responsible for the safety of the container and cargo while in his custody. He shall

deliver at respective destination the containers received by him and loaded on to the

trucks or other vehicles at the loading points with seals intact and without any damage

to the container. In case of any damage to the containers the contractor will be

responsible to make good the loss as per the survey report in the presence of shipping

line/shipping agent, importer or his agent, Manager-ICD/concerned Warehouse

Manager or their representative and the contractor‟s representative. In case of

damage to property of the Corporation by the contractors‟ vehicles/representative

during any of the operation, the contractor shall be liable for cost of damages in

addition to penalty @ 10% there on. The amount of damage will be deposited by the

contractor immediately failing which it will be recovered from his bills. The decision

of the Regional Manager, CWC, RO, Delhi shall be final and binding on the contractor

in this regard.

d) In case of any shortage or damage to the containers/cargo for whatsoever reasons and

cause while the same are in the custody of the contractor at the time of Handling &

Transportation of the same, the contractor shall be liable to make good to the

Corporation the value of goods/other claims, if any, including duties, penalties and


57

fines as leviable by the appropriate authorities for such shortage/damages/ losses etc.

In addition, if there is any reason for suspicion of collusion of the contractor or his

employee in such losses or damage the Regional Manager, CWC, RO, Delhi at his

discretion may impose a penalty as deemed fit. The action taken by the Regional

Manager, CWC, RO, Delhi will be final and binding on the contractor.

e) No container which has been damaged, original seals tampered for whose contents

appear to have been damaged/ pilfered shall be transported by the contractor to and fro

the said ICD/CFS/Bonded Warehouse without following the procedure prescribed by

the Customs and other concerned authorities in this regard from time to time and as

laid down by the Manager-ICD or the Warehouse Manager concerned.

f) In the event of failure of the contractor to undertake the work after award of contract

or resiling from the contract during its currency, the Corporation shall have the right to

get the work done at his risk and cost and the contractor shall be liable to make good

the loss, if any suffered by the Corporation on this account. The Corporation shall also

have the right to deduct the amount of such loss from any sum (including earnest

money and security deposit) then due or which at any time thereafter may become due

to the contractor under this contract or any other contract with the Corporation and to

claim the balance amount from the contractor.

g) The contractor shall indemnify the Corporation, against any loss, destruction, or

deterioration of cargoes/containers, or any damage or delay to containers or any delay

in delivery of cargo, due to any negligence or default on their part and on the part of

their employees/ labourers or due to failure of equipment or due to non-availability of

adequate safety aids with their employees or due to pilferage of cargo by their

employees/ labourers also by the carelessness, negligence, misconduct of their

employees/labourers in their employment and any liability for payment of

damage/claims/compensation by the Corporation to the shipping lines/shipping

Agents/ users/Customs on account thereof and shall pay all claims met, and also

litigation expenses, if any incurred by the Corporation immediately on demand

without any demur. The Corporation shall have the right to deduct the amount of such

loss from any sum (including security deposit) then due or may become due to the

contractor under this contract. The decision of the Regional Manager shall be final and

binding on the contractor in this regard.

h) The successful Tenderer has to sign as Surety for Central Warehousing Corporation

of the continuity bond to be executed with Customs for transportation of containers by

road.


58

i) Only the minimum required labour to cope up with the works and keep up certain

productivity norms for the gangs should be deployed.

j) All taxes/levies/fees/charges payable to any Govt. Body/local body on the Service

Charges payable by the H&T contractor to the Equipment Operators/ Manpower

Supply Agency for the personnel engaged etc. shall be paid by the contractor, and no

claim, whatsoever on the account shall rest against the Corporation.

k) The waterand electricity charges utilized by the contractor either for his office / garage

will be paid to CWC/ICD at its actual cost with applicable GST for garage/workshop

and contractor is at liberty to use calibrated sub-meter at the tapping point.

l) In case of delay in handling such as destuffing/stuffing the containers, in addition to

the claims towards liquidated damages by the importer/exporter and shipping agents,

the storage charges of the cargo/containers at the highest slab which would have

accrued/would accrue to the Corporation will be deducted from the running bills of the

contractor.

m) The contractor shall deploy the services of a master mariner, without any extra

remuneration, with adequate experience in container operations for undertaking

inspection of outward/Inward Container, stuffing, de-stuffing and handling of

containers/cargo etc. at ICD-PPG/concerned Warehouses. While taking over/ handing

over the containers from/to the Port, the Contractor shall coordinate from all

concerned agencies for smooth operations.

n) The contractor should have/shall submit (before award/commencement of contract)

copy of GSTN from appropriate authority under “GTA”, “CARGO HANDLING &

TRANSPORTATON SERVICES” and shall ensure to comply the relevant provisions

in this regard. The payment to HTC shall be released only after submission of the

required GSTN Registration.

o) The Corporation shall not be bound to contest any claims made against it under

Contract Labour (Regulation and Abolition) Act or Workmen‟s Compensation Act or

any other similar Act in respect of contract labour and any other Act applicable in the

operations undertaken by their equipments, trailers, Motor Vehicle Act,1988, The

Carriage by Road Act,2007,Food Safety and Standard Act,2006 and other such Act(s)

including amendment time to time, enacted by the Central/State Government/Local

bodies or any other such authorities. The Corporation shall be fully indemnified by the

contractor against all the payments, claims and liabilities, whatsoever incidental or

direct arising out of or for compliance with or enforcement of the provisions of the

above said Acts or similar other enactment‟s of the country as they are at present or as


59

they would stand modified from time to time, to the extent they are applicable to the

establishment/work in the Corporation. The action taken by the Regional Manager,

CWC, Delhi, in this regard will be final and binding on the contractor.

p) The contractor is free to engage any number of labours or machinery apart from the

minimum required under the tender requirement. However, the payment by CWC will

only be made as per the rates prescribed for each operation under the contract,

irrespective of the number of labour or machinery engaged by the contractor. All the

liabilities arising out of any rule or act of the government concerning the payment to

labours shall lies with the contactor only he will always keep CWC fully indemnified

against all such claims.

q) JOINT SURVEY: Situations may arise during the course of handling / transportation of

containers and cargo when a container or cargo meets with an accident. The contractor

may avail the services of a Surveyor on his own, at his own cost, if he so desires, to carry

out a Joint Survey along with the Surveyor of Consignor / Consignee / Insurance

Company, etc. for assessment of loss/damage to cargo and / or container. In case the

contractor does not provide his own surveyor for the joint survey, the contractor shall not

raise, subsequently, any dispute regarding the assessed value of loss/damage to cargo

and/or container. Moreover, Settlement of claims of Consignor/ Consignee with

Insurance Company should not lead to the conclusion on the part of the contractor that

his liability is over. The contractor shall be required to settle all claims/liabilities,

whatsoever, against CORPORATION, which come to CORPORATION under all such

situations. The contractor may undertake to repair the damaged container, which has met

with an accident under his custody, at his own EXPENSES. This he shall do to the

complete satisfaction of the concerned shipping line / CORPORATION to which the

container belongs to at the time of accident.

(r) DELAYS, STRIKES ETC.

The contractor will not be responsible for delays, which may arise on account of reasons

beyond their control, of which the Regional Manager shall be the final judge. Strikes by

contractor‟s workers on account of any dispute between the contractor and their workers

as to wages or to otherwise, shall not be deemed to be a reason beyond the contractor‟s

control and the contractor shall be responsible for any loss or damage which the

Corporation may suffer on this account.

s) -(i) The H&T contractor is required to complete the movement of export & loaded

containers between ICD-TKD/Rail Siding TKD/ICD Loni/Loni Rail Siding and ICD-

Patparganj or any other CFS/Warehouse within a radius of 30Kms within 12 hours &

24 hours respectively of Job Order issued by CWC. In case of any failure the penalty


60

at the rate of Rs. 300/- per TEU for the first 12 hours in delays & Rs. 400/- per

TEU/12 hours delay thereafter, shall be imposed and recoverable. The decision of

the Regional Manager as to whether the delay is attributed to the failure of the

contractor shall be final and binding on the contractor.

s) -(ii) The contractor is required to move the empty containers from TKD/Loni to ICD and

vice versa within 24 hours of the Job Order being given by the CWC. The penalty @ Rs.

100/- per TEU/day or part thereof shall be imposed and recovered from HTC Bills for

any delay in movement of empty containers. The decision of the Regional Manager as

to whether the delay isattributed to the failure of the contractor shall be final and

binding on the contractor.In case Shipping Line/Agent raise anyclaim on account of

delay in completion of transportation beyond stipulated period, that shall be passed on

the contractor in addition to penal amount and shall be recovered from the contractor‟s

bills.

s)-(iii) Loading/unloading of containers received/dispatched through the private trailers

should be completed on the same day of the Job Order given to the contractor. In

case of any delay attributed to contractor the penalty at the rate of Rs. 200/- per

container per day or part thereof shall be imposed. The decision of the Regional

Manager as to whether the delay is attributed to the failure of the contractor shall


s) -(iv) The H&T contractor shall remove the empty/loaded containers from the ICD

premises for factory stuffing/destuffing within 4 hours of respective job orders, failing

which penal charges at the rates as mentioned under Clause-XII (b) above will be

levied.

t) Any of the item of operation under SOR shall have to be carried out by the contractor as

per the direction of Regional Manager or his authorized representative at any

CFS/Warehouse within a radius of 30 KMs as mentioned herein in the tender document.

u) With regard to application of penalty provisions under the contract viz-a-viz various

operation/defaults/negligence etc, Regional Manager, Delhi‟s decision would be final

and binding on the contractor.

NOTE:

The above-mentioned time limit for transportation of containers in between ICD-Patparganj

and ICD-TKD/TKD-Rail Siding/ICD Loni/Loni Rail Siding is inclusive of time taken in

loading/unloading of containers at ICD-TKD/TKD-Rail Siding/ICD Loni/Loni Rail Siding

by the authorities concerned. In case the contractor fails in getting the containers loaded

on the road vehicles by the authorities concerned and transport the same within the


61

prescribed time limit, the same shall attract compensating the GRL and other charges

incurred by the users in getting the job orders renewed, besides the penal charges mentioned

above. The decision of the Regional Manager as to whether the delay is attributed to the

failure of contractor shall be final & binding on the contractor.

XIII. SET OFF

Any sum of money due and payable to the contractor ( including security deposit

refundable to them ) under this contract may be appropriated by the Corporation and set off

against any claim of the Corporation for the payment of any sum of money arising out of

this or under any other contract made by the contractor with the Corporation.

XIV. ACCOUNTS:

All accounts, books, papers, and documents pertaining to the operation carried out in

connection with the contract shall be open for inspections, audit and counter signatures by

the Manager-ICD, Patparganj or an officer acting on his behalf including the accounts and

audit officers. The contractor shall be responsible to produce the same at such time and

place as may be directed by the Manager-ICD, Patparganj or an officer acting on his behalf.

XV. VOLUME OF WORK

a) Subject as hereinafter mentioned the Corporation does not guarantee any definite volume of

work or any particular pattern of services at any time or throughout the period of the

contract. However, the average annual container throughput (Loaded + Empty both)

during preceding three FYs (2017-18, 2018-19, 2019-20) under existing contract period at

ICD Patparganj, is 28750 TEUs. But this is only for information purpose and cannot be

referred by tenderer/contractor for any references.

„No minimum volume of work to be performed can be guaranteed during the currency of

the contract. The volume of traffic is likely to fluctuate (Increase or decrease) and the

tenderers should note that no claim for compensation arisingdirectly or indirectly out of

such fluctuations in the volume of traffic to be handled during the currency of the contract

shall be entertained.‟

b) The mere mention of any item of work in this contract does not by itself confer a right on

the contract or demand that the work relating to all or any item thereof should necessarily

or exclusively be entrusted to them.

c) PANELLED CONTRACTORS:


62

The Corporation will also have the exclusive right to appoint one or more contractor

for any or all the services mentioned hereunder and to divide the work as between such

contractors in any manner that the Corporation may decide initially or any time during the

currency of the contract and no claim shall lie against the corporation by reason of such

division of work.

d) No assurance is also given about any item of work at any time during the currency of the

contract.

e) It should clearly be understood that no guarantee is given that all the itemsof work as shown

in the schedule of operations will be required to be performed by the contractor.

XVI. A) REMUNERATION:

The contractor shall have to perform all the services provided for in this contract and shall

be paid at the rates quoted by him and accepted by the Corporation. The contractor shall

also provide any additional services not specifically provided for in this contract for which

the remuneration shall be payable at the rates as may be settled by mutual negotiations. In

the absence of an agreement being reached on the rates for such additional services, the

decision of the Managing Director, central warehousing Corporation, and New Delhi will

be final and binding and non-settlement of the rates for additional services will not confer

right upon the contractor to refuse to carry out or render such services.

The payment of H&T bills shall be made through E- Payment system, after

compliance of required obligations as per rues & regulations for which the following

details shall be provided by the contractor immediately after commencement of

contract:

(i) Bank Account Number, (ii) Name of Bank & (iii) RTGs code bank (IFSC code)

B) ESCALATION CLAUSE:

1. The contracted rates shall remain operative throughout the contract period except for

variation in diesel (HSD) prices which Central Warehousing Corporation (CWC) on

contractor’s request will increase/decrease at six monthly frequency @ 0.3% for every

1% increase/decrease in base HSD (diesel) price due to any government notification

etc. duly supported by documentary evidence. However, in case of decrease in base

HSD (diesel) price, CWC will revise (decrease) the rates on its own as per the

guidelines, which again will be at six months interval only.

2. First rate revision would be done only after (06) SIX months of commencement of

contract, w.e.f. 1st of the month following completion of (06) SIX months of


63

commencement of contract. Subsequent rate revisions would be after (06) SIX months

interval thereafter. For instance, if a contract commences for a period of four (4) years

on, say, 16th

April 2019 there will be seven rate revisions due during (4) four years

period. 1st rate revision would be due w.e.f. 1

st Nov 2019, 2

nd w.e.f. 1

st May 2020 and

3rd

w.e.f. 1st Nov 2020, and so on.

The rate revision would be regulated by the following formula:

For 1st rate revision

% increase in contract rates = (P1– PB) /PB x 100 x 30/100

where

P1 = HSD price on 1st of the month following completion of initial five months of

contract (as applicable in city of contract); and

PB = Base HSD price on the last date of submission of tender (in the city of contract).

For subsequent six-monthly rate revisions

% increase in contract rates = (PN– PN-1) / PN-1 x 100 x 30/100

where

PN = HSD price on 1st day of the previous month of the due date of n

th escalation (as

applicable in city of contract); and

PN-1 = HSD price on 1st day of the previous month of (n-1)

th escalation (as applicable in

the city of contract).

Illustration:

Suppose the HSD price on the date of submission of the tender mentioned above was

Rs.42.20 per liter and it is Rs.45.20 per liter on 1st October, 2011. According to the

formula, percentage increase in contract rates will be as under:

For 1st rate revision (w.e.f. 1.11.2011)

= (P1– PB) /PB x 100 x 30/100

(45.20 – 42.20) / 42.20 *100 *30 /100

= 2.13% i.e. an increase of 2.13% in the originally accepted contract rates on which rate

revision is specifically provided for in the contract.

For second six monthly rate revisions w.e.f. 1st May, 2012, let the HSD price as on

01.4.2011 be Rs.42.12 per liter. Then, in this case:

= (PN– PN-1) / PN-1 x 100 x 30/100

= (P2– P1) / P1 x 100 x 30/100

= (42.12 –45.20) / 45.20 x 100 x 30/100


64

= -2.04% i.e. a decrease of 2.04% over the rate accepted during the previous revision.

(Note: For the purpose of change, the rates of diesel as prevalent as on 1st of the

previous month would be considered, e.g. if the escalation is due on 1st November, 2010

the diesel rates prevalent as on 1st October 2010 would be considered, and so on.)

The revision of rates would be applicable only in case of deployment of equipment / vehicles

for container handling / transportation or cargo handling/transportation.

XVII. PAYMENT:

a) Payment will be made by Regional Manager, Central warehousing Corporation, RO, Delhi

on submission of bills in duplicate duly supported by work certificates issued by the

Manager-ICD, Patparganj, or an officer authorized by him.

b) The contractor should submit all his bills not later than two months from the date of expiry

of the contract so that the refund of security deposit may be speeded up. In order to facilitate

early settlement of bills, the contractor is advised to submit his bills fortnightly. It is further

clarified that no claims or bill/invoice/demand will be entertained after expiry of 60 days

once the contract is expired/ terminated. Hence the contractor shall submit all

bill/demands/invoice (present or past) if any within 60 days to the Manager-ICD PPG.

c) Income Tax, at the rate as applicable under the provisions of the Income Tax Act shall be

deducted at source from the Bills / Invoices of the contractor. In-case, however, the

contractor is granted exemption from the deduction of income tax at lower rate, he shall be

required to produce such certificate issued by the prescribed Income Tax Authority clearly

stating therein that No Income Tax or Lower Income Tax, as the case may be, deducted at

source from the contractor against the said contract, failing which Income Tax at full rate, as

prescribed under the Act, shall be deducted. Such exemption or lower rate certificate shall

have to be obtained by the contractor from the prescribed Income Tax Authorities and

furnish to the Corporation at the commencement of each Financial Year.

d) Price quoted are inclusive of all applicable taxes except GST. GST shall be paid extra at

applicable rates subject to submission of tax invoices as per rules under GST law.

e) CWC shall deduct GST at source at applicable rates in case transactions under this contract

are liable to GST deduction at source. Under GST regime, the contractor is required to

correctly and timely disclose the details of output supplies to CWC as per GST rules in his

GST returns. Non-Compliance would result in mis-matching of claims and denial of input

tax credit to CWC. Non withstanding anything contained anywhere in the agreement, in the

event that the input tax credit of the GST charged by the contractor/vendor is denied by the

tax authorities to CWC for reasons attributable to contractor/vendor, CWC shall be entitled


65

to recover such amount from the contractor/vendor by way of adjustment from the next

invoice. In addition to the amount of GST, CWC shall also be entitled to recover interest at

the rate prescribed under GST act and penalty, in case any penalty is imposed by the tax

authorities on CWC

f) Bidder should also mention the Harmonized System of Nomenclature and Service

Accounting Code at the designated place in SOR.

g) It is the responsibility of the bidder to quote the correct GST rate. The classification of

goods/services as per GST (Goods & Service Tax) Act should be correctly done by the

contractor to ensure that input tax credit of GST is not lost to CWC on account of any error

on the part of the contractor.

h) Contractor/vendor shall be required to issue tax invoice/debit note/credit note in accordance

with GST Act and/or rules so that input credit can be availed by CWC. In the event that the

contractor fails to provide the invoice in the form and manner prescribed under the GST act

read with GST invoicing rules there-under, CWC shall not be liable to make any payment on

account of GST against such invoice.

i) Further, it is the responsibility of the bidders to make all possible efforts to make their

accounting/IT system GST compliant in order to ensure availability of Input tax credit (ITC)

to CWC.

j) In case, contractor is not required to obtain GST registration, in such a case,

contractor/vendor shall intimate CWC via declaration regarding non-requirement of

registration under GST act.

k) In case the unregistered contractor obtains the GST registration after start of agreement, he

shall intimate CWC within 15 days of such registration.

l) In case of any movement of any goods by contractor, he shall ensure compliance of e-way

provisions under GST law. Any liability due to non-compliance by way of

confiscation/interest/penalty or in any other manner shall be borne by the contractor/vendor

himself.

m) GST payable under reverse charge mechanism for specified services or goods under GST act

or rules, if any, shall be not paid to the contractor/vendor but will be directly deposited to the

government by CWC.

n) Where CWC has the obligation to discharge GST liability under reverse charge mechanism

and CWC has paid oris liable to pay GST to the government on which interest or penalties


66

becomes payable as per GST laws for any reason which is not attributable to CWC or input

tax credit with respect to such payments is not available to CWC for any reason which is not

attributable to CWC,then CWC shall be entitled to deduct/set off/recover such amounts

against any amounts paid or payable by CWC to contractor/Vendor.

o) Reference of excise duty, service tax, VAT, sales tax, entry tax or any other form of indirect

tax except GST mentioned in the bidding document shall be ignored.

p) GST or any other tax on input material orservices used by contractor in respect of this

contractshall be payable by the contractor and CWC will not entertain any claim whatsoever

on this respect.

NOTES:

i. The Regional Manager, Central Warehousing Corporation, Delhi may at his discretion

make an “on account” payment to the extent of 75% of the value of work done in case

where the contractors are not in position to submit their bills due to operational or any other

difficulties, after the satisfactory performance of the services provided in the contract.

ii. The Corporation shall not be liable for payment of any interest on any bill outstanding for

payment for any reason whatsoever.

iii. “There are certain operations which form part of a composite operation for which rates have

been called for separately. These operations are to be carried out under certain specific

circumstances; the need for the same will be determined by the Manager-ICD, Patparganj.

The decision of the Manager-ICD, Patparganj in this regard will be final and binding on the

contractor”.

iv. “Rates quoted by the tenderer and accepted by the Corporation and incorporated in the

contract agreement shall remain applicable during the period of the contract and no request

for revision of rates by the contractor (except under clause XVI-B) shall be entertained

under any circumstances.

v. The rates of various operations under the contract, once awarded, will be final and

contractor will not claim any extra payment (except under clause XVI-B). However, if any

new Cess, tax etc levied by any agency during the tenure of the contract, then same shall be

exclusive of the rates awarded except if otherwise stated. All such Cess, tax etc. will be

reimbursed to the Contractor on production of suitable proof of depositing the same with

concerned authorities.

XVIII. LAWS GOVERNING THE CONTRACT:

The contract will be governed by the laws of the country in force from time to time.

XIX. AGREEMENT:


67

The successful tenderer shall execute a formal agreement with the Regional Manager,

Central Warehousing Corporation, New Delhi in the form annexed as Appendix-II on a

non-judicial stamp paper of appropriate value and duly Notarized. The successful tenderer

by executing the said agreement shall stand as surety for CWC on the continuity bond of

appropriate value executed by CWC with customs / to be executed with Customs, for safe

transshipment of containers.

XX. ARBITRATION:

In the event of any dispute or difference between the parties hereto as to the operation of this

contract, or the respective rights and liabilities of the parties on any matter in question,

dispute or difference on any account, or if the CWC fails to address the issue raised by the

contactor whose remedy is not available in the agreement within 180 days, then and in any

such case, but except in any of the “excepted matters” referred to in the agreement, the

Contractor, after 180 days but within 240 days of his presenting his final claim on disputed

matters shall demand in writing that the dispute or difference be referred to arbitration.

The demand for arbitration shall specify the matters which are in question, or subject of the

dispute or difference as also the amount of claim item-wise. Only such dispute or difference,

in respect of which the demand has been made, together with counter claims or set off, given

by the CWC, shall be referred to arbitration and other matters shall not be included in the

reference

If the Contractor(s) does/do not prefer his/their specific and final claims in writing, within a

period of 90 days of receiving the intimation from the CWC that the final bill is ready for

payment, he/they will be deemed to have waived his/their claim(s) and CWC shall be

discharged and released of all liabilities under the contract in respect of these claims.

Obligation During Pendency of Arbitration: Work under the contract shall, unless

otherwise directed by the Regional Manager, continue during the arbitration proceedings,

and no payment due or payable by the CWC shall be withheld on account of such

proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide

whether or not such work should continue during arbitration proceedings.

Appointment of Arbitrator:

In cases where the total value of all claims in question added together does not exceed ₹

1,00,00,000/- (Rupees One Crore), the Arbitral Tribunal shall consist of a Sole Arbitrator

who shall be nominated by the Managing Director, CWC. The sole arbitrator shall be

appointed within 60 days from the day when a written and valid demand for arbitration is

received by Managing Director.


68

In cases where the total value of claims in question added together exceeds ₹ 1,00,00,000/-

(Rupees One Crore), the matter will be referred the Sole Arbitrator, appointed by the

Managing Director, CWC if agreed upon by the Contractor in terms of relevant Section of

The Arbitration and Conciliation (Amendment) Act‟2015 . However, if the Contractor does

not agree upon the name of the Sole Arbitrator nominated by the Managing Director, CWC,

then the contractor shall inform about the same within 15 days and they shall nominate an

arbitrator from their side out of the empaneled arbitrator of CWC. Both arbitrators will

appoint a third arbitrator who will act as Presiding Arbitrator in the matter. The panel of

above three Arbitrators will act as Arbitration Tribunal. All the three Arbitrators will be

nominated out of the dynamic panel of Arbitrators, empaneled by the Corporation

following due process.

In case of the Tribunal, comprising of three members, any ruling on award shall be made by

majority of members of Tribunal. In the absence of such a majority, the views of the

Presiding Arbitrator shall prevail.

The arbitral proceedings in respect of dispute shall commence on the date on which the

Arbitrator call upon the parties to file their claim and defence statement

The venue of the Arbitration shall be at Delhi.

It is a term of this contract that in the event of such Arbitrator to whom the matter is

originally referred being transferred or vacating his office or being unable to act for any

reason, the Central Warehousing Corporation at the time of such transfer, vacation of office

or inability to act shall appoint another person to act as Arbitrator in accordance with the

terms of this contract. Such person shall be entitled to proceed with the reference from the

stage at which was left by his predecessor.

The cost of arbitration shall be borne by the respective parties as decided upon by the

Arbitrator/ Arbitration Tribunal, in terms of the extant guidelines and provisions in the Act

stated below.

The relevant clause of “The Arbitration & Conciliation Act‟1996” and The Arbitration and

Conciliation (Amendment) Act‟2015 as amended from time to time shall be applicable to

the arbitration proceedings.

EXPLANATION:

For the purpose of this Clause, the expression `Managing Director’ shall include any

officer for the time being performing the duties of the Managing Director of the Central

Warehousing Corporation, New Delhi.

XXI. SERVICES TO BE RENDERED BY THE CONTRACTOR – OPERATIONS AT

THE ICD COMPLEX.


69

A. IMPORT OPERATIONS:

1. The Contractor shall provide the required suitable number of trucks/road vehicles in

working conditions for transportation of the containers from ICD-TKD/TKD-Rail

Siding/ICD Loni/Loni Rail Siding to the ICD-Patparganj or any other CFS/Warehouse

within a radius of 30 KMs. Before taking over the container on to the road vehicles the

locks, seals and the condition of the container will be duly inspected and all other

formalities including obtaining of the EIR from authorities at ICD-TKD/TKD-Rail

Siding/ICD Loni/Loni Rail Siding for containers received on the trucks will be completed

by the contractor. Where the container is found to be damaged or tampered with or where

the seals and locks are not found intact, the same will be taken over by the contractor from

ICD authorities only after due inventorization, following the laid down procedure.

The contractor shall provide transport facilities at his cost to the customs officers,

wherever it becomes necessary to move the container under customs escort.

The contractor shall be responsible for safe transportation of the container to the ICD

within the free time allowed (i.e. 24 hours) irrespective of any delay in loading/unloading

at TKD/Loni and traffic congestion enroute and its handing over to the ICD authorities,

duly satisfying them of the seals, locks and of the condition of the container as shown in

the Equipment Interchange Report. He shall arrange immediate destuffing of the

containers on the chassis or by grounding at the designated slot, wherever such work order

is issued, in the presence of the Customs, Shipping lines and under the supervision of the

ICD officials after following the prescribed procedure. The container will be destuffed in

a manner which does not cause damage to the container or to the cargo. The cargo

destuffed at the Import Warehouse/ container yard will be segregated, neatly arranged

consignment-wise and tallied with the forwarding notes and other relevant documents.

The empty containers, after destuffing, shall be shifted to the designated location in the

ICD complex by suitable mechanical equipment and stacked at least three high. The

destuffing of all the containers for which the job order issued upto 1630 hrs should

normally be completed within four hours.

The operations under this item will be considered as continuous work irrespective of the

time lag between different stages of work, if in carrying out the various operations, some

additional services to complete the specified work are required, this will be considered as a

part of the work and no extra payment will be made.

The above provision will be applicable to all other items of work in the schedule of

services.


70

2. The contractor shall provide suitable type of road vehicles at ICD-TKD/TKD-Rail

Siding/ICD Loni/Loni Rail Siding as and when required. He shall take over the loaded

containers on the road vehicles after due inspection of locks, seals and the conditions of

the containers and on completion of all other formalities, including obtaining of EIR from

ICD-TKD/TKD-Rail Siding/ICD Loni/Loni Rail Siding and transport the containers to

ICD-Patparganj or any other CFS/Warehouse within a radius of 30 KMs within 24 hours

of issue of job order irrespective of any detention due to traffic congestion enroute under

Customs‟ escort wherever/whenever required. If any container is found to be damaged or

tampered with or where seals and locks are not found intact, the same will be taken over

by the contractor from ICD authorities only after due inventory is prepared, following the

laid down procedure. Further incase the location of the container at ICD-TKD/ICD Loni

cannot be ascertained for its transportation to ICD-PPG or any other designated location

after receipt of job order, the contractor shall be responsible to bring the factual position

in this regard to the notice of Manager ICD within two hours of the receipt of job order.

In such a case sympathetic view based on merit would be taken.

The contractor shall be responsible for safe transportation of the container to the ICD and

its handing over to the ICD authorities, duly satisfying them about the seals, locks and the

conditions of the container as shown in the EIR. He shall arrange for the grounding of the

containers from the road vehicles at the required location within the ICD/CFS complex

and stack them at least upto three high by means of suitable mechanical equipments,

without damaging the containers or its contents.

3. The Contractor shall arrange destuffing of the loaded containers/CBT Trucks stacked in

the ICD/CFS yard ( By grounding wherever necessary ) and facilitate custom

examination (which will include unpacking and repacking wherever needed, by providing

additional strapping material, if required , at his cost ) and, wherever necessary, in the

presence of the shipping lines and under the supervision of the of the CWC officials

and stuffing the cargo back into the container and or loading the same on

party‟s/importers vehicle provided at the ICD/CFS complex or stacking the cargo in

import warehouse. The operations will be carried out to the entire satisfaction of the ICD

authorities without causing any damage to the container or to the cargo. The loaded/empty

containers as the case may be, will be stacked in the container yard of the ICD/CFS, at

least upto three high. The destuffing of all the containers for which the job order issued

upto 1630 hrs should normally be completed within four hours.

The empty containers after destuffing will be shifted to the container yard or any other

designated location in the CFS complex and stacked at least upto three high.

3 (a) The contractor shall retrieve the import loaded container (RMS) from the ICD

premises and arrange loading of the same with the same Custom seal with the approval


71

of the Customs, on to the road vehicles of the party by means of suitable mechanical

handling equipments, without damaging the containers or its contents.

3 (b) Unloading the Import cargo from trucks/ vehicles/CBT brought at ICD

PPG/godown/ramp/any other designated area and destuffing, stacking them in the

godown or in open space (Covering with tarpaulins, whenever necessary) or at any

designated place by mean to suitable mechanical equipment or any other appropriate

means (use of forklift/crane/leather strap/chain etc.), after due inventorization.

4 The contractor shall make suitable arrangements to retrieve loaded containers (which may

include transportation within the complex), movement thereof to the import warehouse,

and de-stuffing the container manually or by means of mechanical equipments in presence

of customs, shipping lines, importers and CWC officials, preparation of inventory of cargo

and stacking the same in the import warehouse as per laid down procedure and carrying

the empty containers to the Container Yard or any other designated area within the ICD or

CFS complex and stacking them upto three high.

5 The contractor shall provide labour and appropriate equipments, low mast forklifts, hand

pallet trucks, handtrolleys, wheel barrows, slings, plates etc. for bringing the packages

from storage point or from any location in the open yard to the designated point for

customs examinations.

This will include opening of packages for examination, repacking, using suitable straps (to

be supplied by the contractor free of cost) and sealing the same and/or weighments

wherever necessary as per requirements of the customs. The contractor shall also provide

labour and equipments for customs examination of the heavy and over dimensioned

packages at the storage point itself and repacking etc. The entire consignment against a

Bill of entry after custom examination will be loaded at the Import warehouse on to the

road vehicles provided by the parties for delivery to importers or for movement to the

bonded warehouse within the ICD complex. If during the retrieval of the package for

examination of the customs, the goods in the stack of a godown or yard are disturbed, it

shall be obligatory/responsibility of the contractor to have all the packages so disturbed,

place neatly in the original position for which no extra remuneration will be payable.

6 The contractor shall provide suitable/appropriate equipment for lift on/lift off of loaded

import container (one 20‟ container placed in a trailer having two 20‟ container) so that

weighment of both 20‟ container shall be done. The rate provided by the contractor is for

only one 20‟ container for the purpose of weighment as and when required. Further, the

claim raised by the contractor for this operation is restricted to one 20‟ out of two 20‟

container on that trailer.


72

B. EXPORT OPERATION:

7 The contractor shall arrange receipt of export cargo brought by the parties in

trucks/vehicles at the ICD/CFS in break bulk condition, using appropriate handling

equipments/means and stack them in the designated grid/area of the export unit of the

ICD, (including open yard) after test and due preparation of inventory as per laid down

procedure and vice-versa.

8 (a) the contractor shall provide labour and appropriate equipment for taking the required

number of packages from grid storage points of the export cargo unit/open yard for custom

examination. This will include opening of packages for examination, repacking and

sealing the same, whenever needed, by using suitable additional strips, if required, at his

cost and arrange, wherever necessary as per requirement of Custom. The packages after

test checking will be restacked with the mother stack in an orderly manner. The customs

cleared consignment will be stuffed into the nominated container on the chassis or on the

ground by use of mechanical equipments or other suitable means and by lashing

whereverrequired without in any way damaging the container or the cargo. The contractor

shall also be required to arrange shipping bill-wise tally of cargo stuffed into the

nominated container.

This operation will include shifting of the nominated empty container from the container

yard after thorough cleaning and placing the same at the export unit and assisting in

fumigation of containers, if necessary locking and sealing of the stuffed container by the

customs and shipping lines seals under the supervision of CWC officials, as per procedure

laid down, the safe transportation of the loaded container ( under customs escort,

wherever necessary) to ICD, Tughlakabad/ Tughlakabad Rail siding/ICD Loni/Loni Rail

Siding and handing over the same to ICD authorities after obtaining the clear „

Equipment Interchange Report’ within 12 hours of issuing respective Job Orders.

8 (b) The contractor shall provide adequate labour or other mechanical equipments/aids for

taking out the required number of packages from the rakes/stacks/party‟s vehicles and

bringing them for custom examination (which would include unpacking and repacking of

packages, providing of suitable strips/seals and wherever required free of cost) and placing

them back in the rake/stack/container, if necessary and consolidating the stocks, shifting

the nominated containers to designated place after retrieving the same from the container

yard, stuffing the nominated cargo either from the godowns or from the road vehicles of

the party directly by use of suitable mechanical and manual aids under the supervision of

CWC officials, shipping lines‟ representative and custom authorities, preparation of tally

sheets, assisting in fumigation of containers, wherever required locking and sealing of the

containers on completion of required shipping and custom formalities after following the

prescribed procedure and subsequent internal movement of loaded container to make


73

space available for keeping the next container for stuffing and lift on of loaded containers

on to the road vehicles of the party.

8 (c) The contractor shall take out the excise sealed container from the party‟s vehicle

directly by use of suitable mechanical equipment under supervision of the CWC official,

shipping line and Customs Authority, preparing the tally sheets, if required, and sealing

the container by the Customs and shipping lines seal under the supervision of CWC

officials as per the laid down procedure after completion of the required formalities and

subsequent internal movement of loaded containers within the premises of the ICD to

make space available for other containers. The contractor shall lift-on the loaded export

container after clearance of the Customs and loading on to the road vehicle of the party or

transporting the loaded container (under Customs escort wherever necessary) to ICD

TKD/TKD rail siding/ICD-Loni/Loni Rail siding and shall handover the same to the ICD

operator/authorities and obtain the clear Equipment Inter-change Report within 12 hours

of issuing respective job orders.

8 (d) The contractor shall take out the excise sealed container from the party‟s vehicle

directly by use of suitable mechanical equipment under supervision of the CWC official,

shipping line and Customs Authority, preparing the tally sheets, if required, and sealing

the container by the Customs and shipping lines seal under the supervision of CWC

officials as per the laid down procedure after completion of the required formalities and

subsequent internal movement of loaded containers within the premises of the ICD to

make space available for other containers. The contractor shall lift-on the loaded export

container on to the road vehicle of the party after clearance from the customs.

9. The contractor shall arrange destuffing of stuffed export cargo from the respective

containers as and when required and as per job order given by the Manager-ICD or his

representative and re-stuffed the cargo back into the same container or any other container

as may be nominated by the respective shipping line or their agent. The above said

operation is to be carried out as per laid down procedure in the presence of

exporters/shippers/shipping line or their agents, CWC officials and the custom authorities

concerned. The container should be locked and sealed with Customs & Shipping Lines

seals on completion of the operation after following the prescribed procedure.

10.The contractor shall provide suitable/appropriate equipment for lift on/lift off of loaded

export container (one 20‟ container placed in a trailer having two 20‟ container) so that

weighment of both 20‟ container shall be done. The rate provided by the contractor is for

only one 20‟ container for the purpose of weighment as and when required. Further, the

claim raised by the contractor for this operation is restricted to one 20‟ out of two 20‟

container on that trailer.


74

C. GENERAL OPERATIONS:

11.The contractor shall provide suitable road vehicles at the ICD –TKD/TKD-Rail

Siding/ICD Loni/Loni Rail Siding/ICD-Patparganj/Bonded Warehouse concerned and

arrange expeditious loading of empty containers on to the road vehicles by the concerned

ICD operators and transport the same to the destination within a radius of 30 KMs as

mentioned in the job order within 24 hours of issue of job order irrespective of delays in

loading and unloading or traffic congestions enroute and handover the containers to the

concerned custodian/shipping line after completion of necessary formalities and stack

them at least 3 high and vice-versa.

11(a) The contractor shall provide suitable vehicles at ICD TKD/TKD Rail Siding/ICD

Dadri/Dadri Railway Siding/ICD-Patparganj and taking over empty container after

inspection and transporting the same to ICD, Loni/Loni railhead within 24 hours of receipt

of job orders irrespective of any detention due to off loading/loading or traffic congestion

enroute.

12.The contractor shall provide suitable equipment and undertake shifting of empty/loaded

containers from one location to another location within the ICD/CFS/ Warehouse complex

and stacking the same at least three high by using appropriate handling equipments as per

the direction of Manager-ICD or an officer acting on his behalf.

13.The contractor wherever necessary, and under instructions of Manager-ICD or any other

officer acting on his behalf, shall provide adequate equipments as stipulated under

Clause XII for lift-on and lift-off of loaded/empty containers from the road vehicles,

Trucks of the parties from/in the ICD complex without causing any damage to the

container/cargo and stacking of the containers upto at least 3 high at the designated places

in ICD complex. This operation is to be completed by the contractor within 2 hours of

getting the job orders from CWC.

14.The contractor shall provide suitable manual ormechanical aids for movement/shifting of

cargo from one place to any another location/place within the same godown in

ICD/CFS/Warehouse complex/any place in the open yard or loading the same on the

parties vehicles in the case of shut-out cargo as per job order received from Manager-

ICD/Warehouse Manager or their representative.

15.The contractor shall arrange for shifting/movement of cargo from one godown to another

godown within the complex by use of suitable equipment/transport means. This will also

include movement of cargo from open storage yard to any godown or vice-versa.

16. FACTORY DESTUFFING/ STUFFING:


75

i) The contractor shall provide required number of trucks/road vehicles at ICD

complex. He shall take over the loaded containers from the ICD complex on the road

vehicle within 4 hours of respective job order after due inspection of locks, seals etc.

and condition of the containers and on completion of all other formalities and

transport the same to designated place/factory for destuffing on the chassis. The

contractor shall be responsible for the safe transportation of the container and

handing over the cargo to the concerned authorities without causing any damage to

it. He will bring back, on completion of the destuffing operations, the empty

container to the ICD complex and stacking of the container upto at least three high.

ii) The contractor shall provide required number of truck/road vehicles at the ICD

complex. He shall take over the empty container on the road vehicle within 4 hours

of respective job orders and transport them to the designated places/factory for

stuffing of export cargo on the chassis, and take back the loaded container after

satisfying about the condition of the container, locks, seals, etc.on completion of the

required formalities to ICD-Patparganj and transport the same to ICD-TKD/ICD

Loni and hand over the loaded container after exchange of Equipment Interchange

Report.

17.This operation will involve lift-on of empty/loaded containers to a road vehicle within 4

hours of respective job order for transportation from ICD to designated place for factory

stuffing/de-stuffing and bringing back to ICD complex if the same could not be

stuffed/destuffed (as the case may be) due to any reasons and stacking the same upto at

least three high as per direction of Manager-ICD or an officer on his behalf.

While taking over the containers (loaded/empty) from the authorities at ICD-TKD/ICD

Loni, he should satisfy himself about the condition of containers, damages, bulging etc. to

the container, should be brought to the notice of concerned authorities in writing, failing

which any claim from the shipping lines will be on his account.

In case the empty container of shipping line, required by the exporter is not available at the

ICD, the contractor will arrange for the transportation of the empty container from the

empty container yard at ICD-TKD/ICD Loni to ICD-PPG, move the empty container to

the factory premises for stuffing, bring the loaded container to ICD for competing custom

formalities and then move the loaded container to ICD-TKD/ICD Loni by road.

XXII. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR.

1. (i) The contractor shall carry out all items of services assigned or entrusted to him by the

Manager-ICD, or an officer acting on his behalf and shall abide by all instructions issued to


76

him from time to time by the said officer(s). The contractor shall render the services to the

best satisfaction of Manager-ICD, or any officer acting on his behalf, together with

auxiliary and incidental duties, services and operations as may be indicated by the said

officer (s) and which are not inconsistent with the terms and conditions of the contract.

Some of such auxiliary and incidental duties are mentioned below. Remuneration for all

auxiliary and incidental duties and services not specifically provided for in the schedule of

rates for services which are required to be performed as per directions of the Manager-ICD,

or any officer acting on his behalf or any officer of customs for proper performance of the

work, shall be deemed to be included, in the remuneration provided for various services

specifically mentioned in the schedule.

Sl.No. Activity – Particulars of Incidental Services

A Handling of cargo/Container in the manner required by Corporation/ Customs

authorities, whenever joint check/Survey is warranted due to defective seal etc.

The contractor shall arrange for shifting/movement of cargo/container

(Empty/Loaded) and stack the same at least three high by using appropriate handling

equipment from one location/place to any other location/place within the same

godown in ICD Complex/any place in the open yard of the ICD complex, PPG as per

the direction of Manager, ICD, PPG or an officer acting on his behalf.

B Weighment of all out-ward/in-ward, loaded container/cargo

C Sealing / Riveting the containers and de-sealing / de-riveting the containers with

suitable equipment tools.

D Inventorisation (preparation of inventory) of goods (both in the sheds/open yard)

E Housekeeping of containers and cargo to give the campus a neat look at any

given point of time.

F Proper cleaning of the CFS Complex (Godown/covered area, Container yard &

surroundings) premises to be ensured after destuffing/ stuffing or shifting or

delivery or any other operation performed in the premises.

G Collection of all waste material, refuse dust, sweeping, rubbish etc. from the

godowns/yard and dumping the same at the nominated places/containers.

H Proper cleaning of Interior of the container before stuffing/after destuffing.

I Lashing & Stacking of chocking/packing material viz. pallets etc in the

designated area in CFS Complex.

J Covering / uncovering cargo with tarpaulins, etc. except for bulk cargo in Railway

wagons, for which separate provision is to be made.

K Lifting loaded containers by crane for the purpose of closing the doors / sealing of

containers. Opening and closing of doors of containers and warehouse shutters to

facilitate loading and unloading of goods.

L Any exit or entry formalities at Gateway Port/ Railhead or any other related

formalities at Gateway Ports/ Railhead connected with movement of containers to and


77

from the ports.

M To provide manual/mechanical aid to facilitate Fumigation services

N Any other incidental work not covered in Service Clause-XXII

(ii) The Contractor shall pay all levies, fees, taxes and charges etc. to the appropriate authorities

and other bodies, as required by them under their Rules for the vehicles, equipments,

employees and workers engaged by the contractor. No reimbursement for such payments

shall be claimed by the Contractor from the Corporation.

However, GST, as in force from time to time, wherever applicable, shall be payable to the

Contractor by the Corporation, on the Contractor raising his Bill/Invoice, against services

rendered by H&T contractor at ICD under Clause-XXI and after compliance of other

requirements as per statutory/CWC guidelines.

(iii) The contractor shall strictly abide by all rules and regulations of ICD-TKD/TKD-Rail

Siding/ICD Loni/Loni Rail Siding/ICD-PPG and Police/City Corporation

Authorities/RTO/Customs.

(iv) The supervision of officers of the Corporation at the ICD-TKD/TKD-Rail Siding/ICD

Loni/Loni Rail Siding and enroute, if any, is however, at the discretion of the Corporation.

It will in no way minimize the responsibility of the contractor who will be bound under

obligation to deliver all the containers at the ICD Complex at ICD-TKD/TKD Rail

Siding/ICD Loni/Loni Rail Siding at Patparganj with original seals intact and the

containers/cargo in sound condition. The contractor shall provide, only appropriate and

suitable road units for transportation of containers as per the direction of the Manager-ICD.

(v) The successful tenderer shall be required to sign as surety for on the continuity bond of

appropriate value as desired by Customs, to be executed with them for safe transshipment of

containers.

(vi) The contractor shall, as and when required, be also responsible for routine cleaning of the

interior of any type of container prior to stuffing to the satisfaction of the officer(s)

supervising the stuffing/ dispatches. The remuneration for stuffing into container shall be

deemed to include the remuneration for such routine cleaning of containers, as and when, to

the extent, found necessary.

(vii) Rent for contractor‟s office or garage (except minimum area allotted by CWC) in the ICD

complex as also the charges for water & electricity utilized therein, by the Contractor shall

be paid by the Contractor to CWC together with GST due thereon, at the rates as in force

from time to time. The charges for the water and electricity utilized by the contractor either

for his office/garage shall be paid to CWC/Port at its actual costs for garage / workshop and


78

contractor is at liberty to use calibrated sub-meters, after installing these at his cost at the

tapping points.

(viii) The contractor shall always be bound to act with reasonable diligence in business-like

manner to use such skill as they possess in conduct of their activity. The contractor shall

prepare and furnish documentation as per prescribed format at such intervals, as decided by

Manager-ICD or any officer on his behalf.

(ix) The contractor should have Registration from appropriate authority under “The Carriage by

Road Act, 2007” and shall ensure to comply the relevant provisions in this regard. For any

consequences arises due to failure in compliance of relevant provisions of “The Carriage by

Road Act,2007”, the contractor shall be responsible. The Corporation shall be fully

indemnified by the contractor against all the payments, claims and liabilities, whatsoever

incidental or direct arising out of or for compliance with or enforcement of the provisions of

the above said Acts or similar other enactment‟s of the country as they are at present or as

they would stand modified from time to time, to the extent they are applicable to the

establishment/work in the Corporation.

(x) The contractor may handle food products at ICD and hence contractor should have/shall

submit (before award/commencement of contract) notarized copy of Registration from

FSSAI under “Food Safety and Standard Act,2006” and shall ensure to comply the relevant

provisions in this regard. The Corporation shall be fully indemnified by the contractor

against all the payments, claims and liabilities, whatsoever incidental or direct arising out of

or for compliance with or enforcement of the provisions of the above said Acts or similar

other enactment‟s of the country as they are at present or as they would stand modified from

time to time, to the extent they are applicable to the establishment/work in the Corporation

(xi) The Transport Contractor being GTA for CWC shall be issuing Consignment Note for

transportation of goods by road between CFS/ICD and Railhead. He will discharge the role

& responsibility of GTA.

(xii) In line with the Government policy, the contractor shall be under obligation to make

cashless payment of wages to workers i.e. by Account Payee cheque, RTGS, NEFT,

Internet Banking, Cards, Aadhar enabled system, Unified Payment Interface (UPI), mobile

banking etc. He shall keep records of payment and on Wage book / Register, the worker „s

signature as proof of payment of wages shall be obtained.

(xiii) The Contractor shall ensure to comply port regulations regarding safety/ security and other

operational aspects while undertaking transportation of containers/H&T work.

(xiv) H&T contractor in no way will be entitled for any benefit under Service Exports India

Scheme (SEIS) or similar scheme introduced by the GoI or any other authority and shall


79

provide all required information/documents to Corporation, to claim SEIS/other such

benefits.

(xv) The contractor shall have to provide Mobile Telephone Facility (minimum one) to facilitate

better coordination amongst the CWC officials responsible for monitoring the operations for

which entire cost (including monthly bills) shall be borne by him. If the contractor fails to

provide the said facility within One month from the date of commencement of the contract,

Regional Manager, CWC, Delhi can make this arrangement (including one additional

mobile phone with national roaming, if required) at the cost of the contractor and such

decision shall be binding on the contractor.

(xvi) Contractor shall provide one car/SUV in good working condition with driver at the disposal

of the Manager-ICD for efficient operations. The contractor shall bear all expenses towards

the car such as driver/petrol/Diesel maintenance/taxes etc. If the contractor fails to provide

the said facility within One months from the date of commencement of the contract,

Regional Manager, CWC, Delhi shall make this arrangement at the cost of the contractor

and such decision should be binding on the contractor.

(xvii) The general security for the ICD complex shall be provided by the CWC. It is the

responsibility of the contractor to secure the cargo/containers both import/export before &

after custom examination till they are delivered to the importer or handed over to the

CONCOR/Road Movement Transporter for onward movement to the gateway ports. The

security provided by the CWC will cover security of seals and lock of the containers and

godowns. In the event of any tampering of seals/lock a joint survey by customs, CWC and

the H&T representative will be conducted with reference to the inventory of cargo at the

time of sealing of warehouse/containers.

2. HANDLING EQUIPMENTS AND VEHICLES FOR TRANSPORTATION:

(i) The contractor shall provide adequate number of suitable handling equipments and vehicle

for transportation of ISO containers of any type, weight, dimension and description. The

equipments required shall comprise suitable road vehicles for transporting ISO containers,

top lifter, heavy duty mobile cranes for handling of loaded/empty ISO containers, forklifts,

stacking stands, spreaders and other appropriate equipment for handling heavy cargo etc.

The minimum number of equipments and vehicles required for proper performance of the

work at any time, shall be determined by the Manager-ICD and his decision in this regard

shall not be called into question by the contractor.

(ii) The equipment and vehicles will have to conform to the requirements and prescribed

specifications to the satisfaction of the Manager-ICD and shall be put to use only after

obtaining his approval. The contractor shall obtain the required license for operation of the

vehicles and equipments from the authorities concerned and ensure that these are operated


80

by experienced and qualified operators as per requirement of the local transport and other

authorities and law. No equipment internal combustion engine shall emit undue smoke and

all of them shall confirm to pollution control standard under the environment rules and

regulations.

(iii) The forklifts be painted in `Traffic yellow‟ colour internationally approved for moving

equipments.

(iv) No compensation shall be admissible to the contractor in respect of the non-use or

detention of any equipment or vehicle at any point of time during the period of contract.

(v) It will be the responsibility of the contractor to deliver all the container at ICD-

Patparganj/ICD-TKD/ICD-Loni with original seals intact and the containers/cargo in sound

condition. The contractor shall provide adequate safe guards through bank guarantee or

insurance cover or any other manner as per the directions of Manager-ICD.

(vi) The equipments and vehicles being provided by the contractor shall conform to the

requirement and shall be put to use only after obtaining the approval of the Manager-ICD,

the contractor shall obtain license for operation of the vehicles and equipments from the

authorities concerned and ensure that these are operated by experienced and qualified

operators as per requirement of the local transport and other authorities of law.

(vii) For efficient and smooth working of ICD-Patparganj, the following minimum equipments

are required to be made available at all times by the contractor: -

S.

No

Name and type of

the equipments

Capacity Minimum

total

requireme

nt

Minimum

to be

owned

Manufacturing

year on or after

(1) (2) (3) (4) (5)

1 Reach Stackers 40 MT 2 NIL Manufactured on

or after 27.08.2015

2 Heavy Duty

Mobile Cranes

30-40 MT 1 NIL In Good Working

Condition

3 Hydra/ crane 12 Tons or less 1 NIL In good

working condition

4 Forklift 10 MT 2 NIL Manufactured on

or after 27.08.2015

5 Low Mast Forklift 3 MT 15 5 Manufactured on

or after 27.08.2015

6 Tractor Trailers Capable to

transport 20‟ &

40‟

loaded/empty

containers

15 5 Manufactured on

or after 27.08.2015

7 Hand Trollies - 60 30 In Good Working

Condition


81

Note:

(a) Equipments mentioned at S. no 1,2,3&4, in the above table may be owned / hired or leased

by the bidder. For hired/ leased equipment, the contractor may have tie-up with other

supplier/ agency for which they would be required to submit a letter of commitment of tie-

up with the equipment supplier/ agency as per Annexure VI.

(b) For other equipments to be provided by the contractor for this work, the contractor should

own the equipments as mentioned in column 4 of the above table and for the balance

quantity they may have tie-up with other supplier/ agency for which they would be required

to submit a letter of commitment of tie-up with the equipment supplier/ agency as per

Annexure VI.

(c) Nos. & capacities of items not given above for any item will be decided by Manager-ICD

at the time of requirements. The above said requirement is not exhaustive. The contractor

should also produce any other appropriate equipments required for carrying out any type of

import/export operation. However, if the quantity of work increases, the contractor will

have to increase at short notice the no. of equipments as per requirement. While submitting

the tender, the tenderer should furnish the documentary proof of the source of availability

of equipments.

(d) The contractor should provide the prescribed equipments in good working condition.

Alongwith the tender documents the tenderer is required to furnish documentary proof of

the source of availability of the equipments. The Corporation while making technical

evaluation reserves the right to satisfy itself about the availability of the equipments by the

tenderer.

(e) Bidders who do not own the equipment/s and vehicles of required model (year of

manufacture) as specified in the tender document at the time of bidding but are in

ownership of required number of equipment and vehicles of lesser model (year of

manufacture) to fulfil the minimum eligibility criteria can also participate in the bidding

provided they give an undertaking to the effect that in case they are declared successful and

the contract is awarded to them, they bind themselves to purchase have the ownership in

their of required vintage (year of manufacture) within 120 days of issue of LOI to fulfil the

minimum ownership criteria as laid down in the tender document. This clause is applicable

only for the owned equipments/vehicles. For hired or leased arrangement, the equipment/

vehicles should not be old than 27.08.2015.

(f) Contractor shall ensure periodical replacement of equipment, vehicles to comply relevant

provisions of Government guidelines. The equipment such as lift truck (front end loader,

side loader or reach-stacker), vehicles, etc. of reputed make and in good working must have

minimum residual life of 5 years and the contractor shall produce certificate to that effect

duly certified by the manufacturer or a recognized inspection agency, as and when desired

by CWC.

(g) Document of ownership of Hand Trollies will not be a criteria for qualification and the

bidder shall be allowed to deploy sufficient number of hand trolleys while taking up the

work and shall have to provide the required number of Hand trolleys along with documents


82

within 60 days of start of the work.

(viii) It shall be the responsibility of the contractor to transport the container from ICD-TKD/TKD-

Rail Siding/ICD Loni/Loni Rail Siding immediately (after taking over the same from

concerned authorities) to ICD complex at Patparganj, failure to do so will result in making

good the losses by the Corporation by imposing a liquidated damages as stipulated under

various items of clause XXI/XII. The decision of the Regional Manager, Central

Warehousing Corporation, Regional Office, Delhi shall be final and binding on the contractor

in this regard.

(ix) It shall be the responsibility of the contractor to deliver all the containers at Central

Warehousing Corporation, ICD Patparganj / ICD-TKD/TKD-Rail Siding/ICD Loni/Loni Rail

Siding / designated places as per job order, with original seals intact and the container/cargo

in sound condition. For the purpose of safe transportation, the contractor shall be required to

indemnify the Corporation through a bank guarantee or insurance cover or in any other

manner as may be prescribed by the Corporation. The decision of Regional Manager will be

final and binding on the contractor in this regard.

(x) The supervision by an officer of the Corporation at ICD TKD/ ICD Loni and en route for

monitoring the progress of the work and to learn the latest position is, however, at the

discretion of the Corporation. It will in no way minimize the responsibility of the contractor

who shall be bound under obligation to deliver all the containers at Railheads/ Gateway ports

or at ICD Patparganj or at any designated point with original seals intact and the

containers/cargo in sound condition within the prescribed time schedule. The contractor shall

provide only appropriate and suitable road vehicles/units for transportation of containers as

per the directions of the Manager, ICD Patparganj/ The Regional Manager, Central

Warehousing Corporation, Delhi or any officer(s) authorized by him.

(xi) The contractor shall make his own arrangement for repair/maintenance of all equipment /

vehicles deployed by him. A limited specified area in the ICD premises may be provided

by Corporation free of cost on the request by the contractor. No other area shall be used for

repairs/maintenance. The water and electricity connections will be given by the Corporation

at the contractor cost and the consumption charges as per the tariff paid by the Corporation,

will be deducted from the admitted H&T bills of the contractor. The minimum specified

space shall be decided by the Manager-ICD/CFS and decision of the Regional Manager,

CWC, Regional Office, Delhi in the matter of shall be final and binding on the contractor in

this regard.

(xii) The contractor should pay user fees at National Highways / Toll Plazas through Electronic

Toll Collection Technology/FASTAGs and accordingly all vehicles should be fitted with

tags sold by banks which should be affixed on the wind screen. Tag readers are available


83

on dedicated lanes over the Highways which permit a cashless transit of the vehicles

without any waiting time.

(xiii). The contractor shall provide GPS Tracking system on all the vehicles deployed for

movement of empty/loaded containers to and from ICD TKD/ICD Loni invariably. There

will be a mechanism of monitoring system in place at ICD/ICD provided by the contractor

under the control of Manager (ICD/ICD). The expenses on providing such system and its

maintenance shall be borne by the contractor. In case the contractor fails to provide such

system and its monitoring at the ICD or fails to maintain the same in working condition

during the period of contract, the same will be got done by the Corporation at risk & cost of

contractor and the charges shall be adjusted from any amount due to the contractor

including fortnightly bills. The decision of the Regional Manager/Manager (ICD) shall be

final and binding on the contractor, in this regard.

(xiv) SAFETY: It shall be the duty of the contractor to acquaint himself with all safety regulations

regarding handling equipment and Road Transportation of all types of containers. The

contractor shall follow the safety requirements mentioned here and as applicable by laws,

rules and regulations all the time during the period of contract.

The contractor shall indemnify Corporation, against any violation of safety laws, rules and

regulations while carrying-out operations as required by the contract.

No unauthorized person should be allowed to work on the Trailers/equipment etc.

The drivers and crane operators should have valid license and should be proficient in their

work. No person without a valid driving license should be allowed to drive the vehicle.

(xv) All the operations shall be carried out in accordance with the directions given by the

Manager-ICD or any officer acting on his behalf and the decision of the Manager-ICD, or

in his absence, any officer immediately junior to him, will be final in any dispute arising

about the proper performance of the operations.

(xvi) The HTC shall be liable to provide technical worthiness certificate for all the equipments

certified by Chartered Engineer plying in the CFS, as and when required by the Regional

Manager, and /or Customs Authorities for which the cost will be solely borne by the H&T

Contractor.

(xvii) The contractor shall ensure strict compliance of deterrent provisions/sections under Motor

Vehicles Act,1988 in respect of Maximum gross weight of the vehicles. The corporation in

no way shall be responsible for any consequences in this matter i.e. contractor shall be

solely responsible for violation of any section/provision of Motor Vehicles Act,1988 &

relevant directions issued time to time by any court of law in this regard. In case of any


84

delay, damage etc to the cargo/container due to non-compliance of above referred

provisions, the contractor shall be liable to make good to the Corporation the value of the

goods including duty, penalties and fines as are leviable by the appropriate authority in

addition to the claims of the Users. The action taken by the Regional Manager, CWC,

Delhi, in this regard will be final and binding on the contractor.

(xviii) The successful tenderer shall ensure that all equipment, trailers as required under

NIT/Tender, are physically verified at ICD Patparganj by CWC officers, within 30(thirty

days) of award of contract, failure to comply this requirement, may lead to penalty as

provided in the tender document.

3. DEPLOYMENT OF SUPERVISORS, LOADERS ETC. AT VARIOUS

OPERATIONAL POINTS:

i) The contractor shall provide adequate number of supervisors, loaders, Tally Clerks, Data

entry Operator and other workers at all the operational points at ICD complex at Patparganj

to ensure proper handling and movement of containers and performance of incidental

services with the utmost expedition. The supervisors/loaders/Tally Clerks/ Data entry

Operator and other workers will have to be engaged by the contractor as and when

required. Full details about their names, addresses both local and permanent and three

copies of their photographs (passport size) will be furnished to the Manager-ICD. They

will also be provided with necessary photo identity cards by the contractor. They will be

required to display the same on their uniform all the times. Any short-term appointment in

any category of such workmen will be made only after due intimation to the Manager-ICD

and after furnishing the personal details of the employees. If the Manager-ICD is not

satisfied with the work of any person engaged by the contractor or whose antecedents are

doubtful, the contractor shall not employ such person for any work relating to this contract.

At the sole discretion of Manager-ICD, he may prevent/permit the entry/exit of any labour

and he need not assign any reason either orally or in writing for such a decision. No

employee of contractor shall receive any tips, reward or any type of charges from any

person in consideration for any service rendered in the ICD Complex.

ii) The contractor shall pay all levies, fees, taxes and charges etc. to the appropriate authorities

and other bodies as required by them under their rules for the vehicle equipment employees

and workers engaged by him. These charges shall be borne by the contractor. No

reimbursement for such payments shall be claimed by the contractor from Corporation.

iii) The contractor shall provide uniform of different and distant colours to the various category

of his workmen with their names and category embossed on their uniform. The contractor

shall also provide reflector along with the helmet and other safety equipment to all his

workmen in compliance to safety and occupational health hazards.


85

iv) All loaders/supervisors/employees of the contractor will be required to sign the attendance

register to be maintained by the contractor at the time of their reporting for duty and

departure on completion of day‟s work.

v) The loaders, supervisors and all other employees of the contractor shall be subject to the

security regulations of the Corporation including search by the security personnel of the

ICD, Patparganj at the time of their departure from the ICD complex. The contractor shall

also provide reflector along with the helmet and other safety equipment to all his workmen

in compliance to safety and occupational health hazards.

vi) The contractor shall ensure that delicate fragile/sensitive cargo/packages are handled

carefully and as per directions given on the packages/baggages or as per the directions of

Manager-ICD Patparganj or any officer acting on his behalf.

vii) The contractor may be required to work during such hours of the day as prescribed by the

Manager-ICD. The duration of work or day may be fixed by the Manager-ICD for any

length of time during the currency of this contractor. The work shall be carried out in eight

hourly shifts, round the clock depending upto the quantum of work.

viii) All operations covered under this contract shall be carried out by the contractor strictly

under the directions of the Manager-ICD or any officer acting on his behalf. Each operation

should be completed within the time in which it is ordered to be completed. The decision of

the Manager-ICD in this regard will be final and binding on the contractor.

ix) The contractor would be responsible to make good the losses for any delay in the

work besides paying the penalty.

x) This be noted that the payments for ISO containers more than 20‟ in length will be treated

as 40‟ container only irrespective of its size being 30‟, 35‟ or 45‟ etc. and payment of such

containers will be regulated as per rate for 40‟ only. However, the height of the container

will not be taken/given cognizance of as far as the rates are concerned. The rates of over

dimension/oversize cargo/flat rake/open top/Tank containers shall also the same. The rates

for Containers/ goods with Hazardous nature etc will also be paid as per approved rates

by the Corporation in Price Bid/Appendix-I.

xi) The Corporation shall provide general security for the ICD premises. The contractor shall

have to take care of the container/cargo within the premises (covered/open) and it is the

responsibility of the contractor for securing the cargo of all kind, before and after the

custom examination till they are delivered to the concerned authorities or cargo is shifted

back into container and the container is sealed/Locked. If any damage to the cargo/container


86

noticed due to mishandling or negligence on the part of labourers/ machine operators, the

contractor will be responsible and shall ensure to make good the same.

xii) The contractor shall also reimburse the cost of electricity on actual basis consumed by them

in connection with the carrying out the operations by using machineries, equipments etc.

electrically operated.

xiii) The Corporation depending upon the volume of work at his discretion may appoint one or

more contractors either for all items of work or for specific item of work.

xiv) The ICD is likely to operate 07 days a week and 8 hours each a day and the contractor

shall be bound to undertake the jobs on all days of week. The increase in no. of working

hours would solely be at the discretion of the Manager-ICD, Patparganj and his decision in

this regard would be final and binding.

(xv) The contractor shall correlate with all concerned users‟ agencies, Port/Railway Authorities,

Customs and CWC offices to ensure smooth operations and to give feedback regarding

location/stage of EXIM containers and if required, the Contractor shall maintain office at

GWPs/Other designated ICD etc.

(xvi) The contractor is free to engage any number of labours or machinery apart from the minimum

required under the tender requirement. However, the payment by CWC will only be made as

per the rates prescribed for each operation under the contract, irrespective of the number of

labour or machinery engaged by the contractor. All the liabilities arising out of any rule or act

of the government concerning the payment to labours shall lies with the contactor only he

will always keep CWC fully indemnified against all such claims.

4. SUBMISSION OF STATEMENTS: -

The H&T Contractor shall prepare and submit the following statements daily/monthly in the

format prescribed/approved by the CWC:

i. Daily Reports:

(a) Trucks/cargo unloaded in the Warehouse.

(b) Container stuffed including tally sheets.

(c) Container de-stuffed including tally sheets.

(d) Trucks/cargo/container loaded from the warehouse.

(e) Movement of empty/loaded containers to & from ICD-TKD/ICD Loni.

(f) Lift-on/lift-off of containers from private vehicles.

(ii) Monthly Reports: -

(a) Detailed reports shipping line-wise of handling of inward/outward traffic in terms of

TEUs during the month.

(b) Total number of packages/units received and delivered during the month.


87

5. DERIVING OF RATES FOR EXTRA/SUBSTITUTED ITEMS:

The rates for any new items on substituting the existing item by a modified item would be

derived strictly in the manner given below by the Regional Manager, CWC, RO, Delhi:

(i) As far as possible the rates of new item of work or part work would be derived from

the existing rate schedule based on the by & large similar nature and would be

acceptable to the contractor.

(ii) However, on any account, it is not possible to derive the rates from the existing

schedule; the rate prevailing in the said ICD or nearby CFS/ICD would be applicable

if the rates are ascertained by the CWC as reasonable.

(iii) If no such operations or its rates are available even in the nearby CFS/ICD, market

rate would be ascertained by CWC and paid for.

The decision of the Regional Manager, CWC, Regional Office, Delhi in this regard would


XXIII: LIABILITY AND INDEMNITY

(i) The contractor shall at all times be severally liable and responsible for the due fulfillment of

any and every obligation assumed towards this contract.

(ii) The contractor shall at all times indemnify and hold harmless from any claim, loss, damage,

cost and expense which may suffer or be subjected to as a result of anything done or

performed or caused to be done or performed or omitted to be undertaken by Contractor in

regard to the Premises, the facilities or activities.

The decision of the Regional Manager, Central Warehousing Corporation, Delhi in this

regard shall be final and binding on the contractor.

XXIV.FORCE MAJEURE

If the performance of obligations under this Agreement is prevented, restricted or interfered

with by reason of any contingencies which are outside the control of a Party, the Party so

affected shall not be liable to perform the terms of the Agreement to the extent of such

prevention, restriction or interference. Such contingencies shall be limited to flood, fire

explosion, earthquake, explosion, riots, acts of terrorism, Acts of God, acts of Government

and war, whether declared or not, or enemy action, strike, civil commotion and similar

events which are absolutely beyond the control of the party and shall not include aspects

which merely increase the costs or expense of performance or aspects such as labour

disputes, strike or employee‟s unrest.

The obligation to perform during the period of and under this Agreement shall


88

arise again immediately upon the termination of the contingency or such moderation of the

contingency so that performance is no longer prevented, restricted or interfered with.

Any Party desiring to invoke force majeure shall notify the other Party of the occurrence of

the contingency in question within a period of 30 days time from the beginning of the

operation of said cause and shall thereafter exert all diligence to overcome such cause of

delay and resume performance.

In the event the force majeure situation continues for a period exceeding 180 (one

hundred & eighty) days either party may terminate the agreement by giving 30 (thirty)

days‟ notice to the other party and on the expiry of the notice period the Agreement shall

terminate for all intent and purposes and subject only the consequences provided in Article

XX of the Arbitration Clause.

XXV. INTERPRETATION OF THE CLAUSE

Doubts, if any, about the interpretation of any of the clauses in this tender, meaning of words,

terms, specifications, operations or instructions, or as to the quality of workmanship or

performance shall be referred to the Tender Accepting Authority of Corporation, whose

decision in the matter shall be final. Similarly, any difficulty in implementing the contract can

be resolved by referring the matter to the tender Accepting Authority, who can amend the

Corporation‟s condition/clause of contract if required.

REGIONAL MANAGER




89

APPENDIX-I

SCHEDULE OF RATES


90

APPENDIX-II

Stamp Paper of Rs. ________________

AGREEMENT

The Central Warehousing Corporation having agreed to award the contract of Handling &

Transportation of containers/cargo at Inland Container Depot at Patparganj, Delhi in response to

the submissions of sealed tender by me/us on ___________to the Regional Manager, Central

Warehousing Corporation, Regional Office, Delhi., opened on______ and accepted by the Central

Warehousing Corporation vide award letter No. _______________________

____________________________dated

I/We (here enter full name and address of the contractor)_________________

__________________________________ am/ are executing this agreement on____________and

hereby confirm that I/we have thoroughly examined and understood the terms and conditions of the

invitations of tender bearing No.____________________________dated_____________ _issued

by the Regional Manager, Central Warehousing Corporation, Regional Office, Delhi for

appointment of Handling & Transport Contractor in respect of handling & transportation of

container/cargo and other incidental services etc. and agree to abide by them.

I/we/am/are willingly undertaking the said work consequent on the approval of the tender

submitted by me/us to the Regional Manager, CWC, Regional Office, Delhi the rates specified in

the Appendix-I hereto which form part of this agreement and as per terms and conditions of the

tender.

I/ We hereby undertake, to stand as surety for CWC on the continuity bonds of appropriate

value, filed by the CWC with customs authorities for safe transshipment of containers.

I/we assure the said Corporation that I/we will undertake the said work to the best of my/our ability

at all stages during the tenure of the contract. The agreement will remain in force for a period of

five (05) years with effect from_______________________.

( )

Authorized Signatory

Capacity in which signing

WITNESSES:

1.

2.

WITNESSES:

1.

2.

Regional Manager

For and on behalf of the



91

APPENDIX-III

MODEL FORM OF BANK GUARANTEE BOND

1 In consideration of the Central Warehousing Corporation, New Delhi (hereinafter called „the

Corporation‟) having agreed to exempt M/S.___________________________[hereinafter

called „the said contractor(s)] from the demand, under terms and conditions of an agreement

dated ___________ made between ___________________________&

________________________for__________________ (hereinafter called the said

agreement) of Security Deposit for the due fulfillment by the contractor(s) of the terms and

conditions contained in the said agreement on production of bank guarantee of

Rs._____________________(Rupees _______________________________________) we,

_________________________ (hereinafter referred to as „the bank‟) at the request of

_______________________ ____________________________[contractor(s)] do hereby

undertake to pay the Corporation an amount not exceeding Rs.___________(

Rupees_______________________________) against any loss or damages caused to or

suffered or would be caused to or suffered by the corporation by reasons of any breach by the

said contractor(s) of any of the terms or conditions contained in the said agreement.

2. We_________________________________(indicate the name of bank) do hereby

undertaken to pay the amounts due and payable under this guarantee without any demur,

merely on demand from the corporation stating that the amount claimed is due by way of loss

or damage caused to or would be caused to or suffered by the corporation by reason of breach

by the said contractor(s) failure to perform the said agreement. Any such demand made on

the bank shall be conclusive as regards the amount due and payable by the bank under this

guarantee. However, our liability under this agreement shall be restricted to an amount not

exceeding Rs._____________ (Rupees _____________________________________).

3. We undertake to pay to the corporation any money so demanded not withstanding any

dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending

before any court or tribunal relating thereto our liability under this present being absolute and

unequivocal. The payment so made by us under this bond shall be valid discharge of our

liability for payment there under and the contractor(s)/supplier(s) shall have no claim against

us for making such payment.

4. We _________________________(indicate the name of bank) further agree that the

guarantee herein contained shall remain in full force and effect during the period that would

be taken for the performance of the said agreement and that it should continue to be

enforceable till all the dues of the corporation under or by virtue of the said agreement has

been fully paid & its claim satisfied or discharge or till ____________________ corporation

certifies that the terms and conditions of the said agreement have been fully and properly

carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a


92

demand or claim and this guarantee is made on us in writing on or before________________

we shall be discharged from all liability under this guarantee thereafter.

5. We ________________________(indicate the name of bank) further agree with the

corporation that the corporation shall have the fullest liberty without our consent and without

effecting in any manner our obligations hereunder to vary any of the terms and conditions

relating to the said agreement and shall not be relieved from our liability by reason of any

such variation, or extension being granted to said contractor(s) or for any for forbearance, act

or omission on the part of the corporation any indulgence by the corporation to the said

contractor(s) or by any such matter or thing, whatsoever, which under the law relating to

sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the bank or the

contractor(s)/supplier(s).

7. This bank guarantee will remain operative not only for the entire period of the contract but

also for a minimum period of one year even after completion/termination of the contract or

till corporation certifies that the terms and conditions of the said agreement have been fully &

properly carried out by the said contractor(s), so as to satisfy the claims of the corporation

against the contractor, if any, for the contract to which the guarantee relates.

8. We ___________________________ (indicate the name of bank) lastly undertake not to

revoke this guarantee during its currency except with the previous consent of corporation in

writing.

9. This branch (Guarantee Issuing branch) is competent to issue this guarantee and is also

empowered to encash the claim of the Beneficiary without reference to or prior approval of

higher level or higher officer (s) of the Bank.

10. Notwithstanding anything herein contained, the Bank’s liability under this guarantee shall

be limited to Rs……………….(Rupees…………………………… only) and stand completely

discharged and all your rights under this guarantee shall stand extinguished if no claim or

demand is made upon the bank in writing on or before ….. (date) (with claim period of 6

months) and all your rights under the said guarantee shall be forfeited and the Bank shall be

deemed to be relieved and discharged from all liabilities thereunder.

Dated the _________________________ day of ____________

For _________________________________________________

(indicate the name of bank)


93

ANNEXURE-I

MSME DECLRATION

To be submitted on stamp paper (of 10 /- minimum) duly attested by Notary Public (duly

affixed with Notarial revenue stamp; and with Notary Seal; and Notary Registration number

etc.)

I S/o/D/o/W/o Managing Director */Director*

/Proprietor*/Partner* of M/s ______located at .

Do hereby solemnly affirm and declare as under: -

1. The company is a Micro/Small Enterprise as per the Govt. of India definition; and has

been functional at the time of bar code registration.

2. The company continues to be a Micro/Small Enterprise and functional as on date.

3. As per books of accounts, the total investment (original purchase value) in Plant

and Machinery in the company as on the date of submission of bids i s Rs.

which is within the limit prescribed in MSME Act.

4. i) Udyog Aadhar Memorandum (UAM) number of our company is

ii) We hereby confirm that we have declared the UAM number on Central Public

Procurement Portal (CPPP)

iii) We are aware that non-declaration of UAM number on CPPP will make us ineligible to

enjoy the benefits as per Public Procurement Policy for MSME order, 2012.

5. Required Certificate is uploaded in technical bid documents.

Signed on

DEPONENT

VERIFICATION

Verified that the contents of the affidavit are true to the best of my knowledge and belief.

DEPONENT

Place:

Date:

Note: - * Strike out whichever is not applicable


94

ANNEXURE-II

Experience Certificate:

(On the letter head of the Company issuing the certificate)

“This is to certify that M/s___________________have worked as our Handling and / or

Transport contractor for the work of handling and / or transpiration of ISO / DSO containers

and their performance was found satisfactory. The details of containers handled / transported

by them during the previous ______years have been as under: -

Sl.No. Year No. of containers (TEUs) Place of work Value of work done

(Rs.)

Handled Transported

1.

2.

3.

4.

5.

Signature

Date:

Name & Designation of signing authority

Seal of the Company / Organization


95

ANNEXURE-III

DECLARATION

(To be given by tenderer on letter head and ink signed)

Ref.: Tender for Handling & Transport contract at,

CFS/ICD________________________.

I/We hereby solemnly undertake that:

Note- Strike off whichever is not applicable otherwise tenderer shall be ineligible.

Remarks___________________________________________

4. I/We hereby solemnly declare that the Proprietor/ Partner/ Director of this Firm/

Company mentioned at Sl. Nos. is/are common/ not common (Strike off whichever

is not applicable) with any other Firm/Company who has applied for pre-

qualification against same advertisement. In case of common Proprietor/Partner/

Director in other firm who has also applied for pre- qualification against same

advertisement, please mention the name of the Firm/Firms.

5. I/We hereby solemnly declare that the Proprietor/one or more Partners/

Directors of this firm/ company has relationship/has no relationship (Strike off

whichever is not applicable) with the employee of CWC (name and designation,

place of posting of employee to be mentioned).

6. Declaration of membership of any Goods Transport Association. Give details if so;

Name & Address of the Association

Telephone/Fax No.

(Signature & Seal)

(Authorized Signatory)

1. Whether your firm or any of its partner/company had been

blacklisted by CWC, FCI or any Central / State Govt. / PSUs or

Local Govt., Deptt/ Autonomous Body and is debarred from

participation in the tender process as on last date of submission of

bid?

Yes/No

2. Whether your or any of the partner of the partnership firm‟s contract

was terminated before expiry in last three years of Contract period by

CWC, FCI or any other Public Sector/ Govt./Quasi Govt.

Organization/ any other client. during the last three years as on the

last date of submission of bid?

Yes/No

3. Whether proprietor/partner/Director (as applicable) has been

convicted by any judicial court for an offence sentenced to

three years rigorous imprisonment or more and has not been

acquitted?

Yes/No/

Acquitted by

Higher Court


96

ANNEXURE -IV

UNDERTAKING TO BE GIVEN BY THE BIDDERS DOWN LOADING TENDER

DOCUMENT FROM CWC WEBSITE

(ON THE LETTER HEAD OF THE TENDERER)

Ref.: Tender for Handling & Transport contract at, CFS/ICD ______________________.

THE REGIONAL MANAGER

CENTRAL WAREHOUSING CORPORATION,

REGIONAL OFFICE,

____________________

I/We……………………. the authorized signatory of the. …………… (Name of the

Company/Firm/Association/Consortium/Joint Venture) certify that I/we have downloaded the

tender document in respect of regular H&T contract at CFS/ICD ____________, before the due

date and time and no addition /modification/alteration has been made in the original document

down loaded from CWC website. If at any stage, any alteration/modification is noticed in the

Original Document by CWC, I/We will abide by the terms and conditions contained in the original

tender document, failing which CWC reserves the right to reject the tender and / or cancel the

contract part from forfeiture of EMD.

I/we further undertake to indemnify CWC for any losses, accrued due to alteration/modification

made/ observed in the terms and conditions, including General Conditions of the tender

downloaded from the website.

Date: _____________

Signature of the authorized signatory.

With seal


97

ANNEXURE – V

DEPLOYMENT PLAN FOR EQUIPMENT, TRAILERS AT CFS /ICD___________

(On letter head of tenderer)

In response to your Tender Notice No.---------------------dated inviting offers for H&T

contract at CFS/ICD____________, I/We ------------------------------(name of he

firm/company) propose to deploy the equipments / vehicles asked for in the tender as under:

S/No Particulars (equipment/

trailer) & Registration no.

Month &

Year of

Mfg

Owned/

Tie-up

Present Location of

deployment

Equipments

1 Reach Stacker-40 MT

Reg. No.

Reg. No.

2 Mobile Crane-30-40 MT

Reg. No.

3 Hydra Crane-12 or less MT

Reg. No.

Reg. No.

4 Forklift-10 MT

Reg.No.

Reg.No.

5 Forklift-03 MT

Reg.No.

6 Tractor-Trailers

Reg. No.

Reg. No.

Reg. No.

Reg. No.

Reg. No.

Reg. No.

i) The equipments mentioned above meet all the specifications of capacity, make, type, year of


98

manufacture, etc as specified in the tender.

ii) We hereby agree to submit our equipment / vehicles for inspection by CWC officials prior to

commencement of the contract / within the stipulated period to verify that the equipment /

vehicles meet the specified criteria and that the documents are valid and in order. It is also

agreed and understood that in case of delay in positioning of equipment meeting the requisite

criteria within the stipulated period, penalties would be leviable on us by CWC as stipulated in

tender document.

iii) We hereby agree and undertake that the equipments as offered above will not be withdrawn

for the duration of the contract as agreed to above.

Name of authorized signatory

Signature


99

ANNEXURE-VI

CONSENT/TIE-UP LETTER

(FROM OWNERS OF HIRED EQUIPMENT ON THEIR LETTER HEAD)


CFS/ICD________________________.

I/We __________________________ being the proprietor/Partners/Director of

____________________________(Proprietorship / partnership firm/company) being the owner of the

equipment as per detailed given below, desires to hire out the following equipments/trailers to M/s

__________________________, who is participating in tender for H&T work at CWC-ICD Dashrath, floated

by CWC:

S

.

N

. Equipment/Vehicle

Registration Nos.

*Make/Model No.

The equipments / vehicles mentioned above shall be hired out by us to M/s. ----------------(tenderer)

for the entire duration of the contract, (contract period of Five (5) years, starting from the date of

commencement of the contract, (if awarded by CWC to the party) .

a. We have no objection to the equipment / vehicles being utilized for handling / transportation

activities in CWC – CFS/ICD_______________as per instructions of CWC.

b. I / We hereby agree and undertake that the equipment as offered above will not be withdrawn for

the duration as indicated above.


Signature

Seal of the firm


100

Annexure-VII

UNDERTAKING TO BE GIVEN BY THE TENDERER REGARDING

PROVIDING REQUIRED EQUIPMENTS & HAND TROLLYES ETC

(ON THE LETTER HEAD OF TENDERER).


CFS/ICD________________________.

“I/We (Name of tenderer) hereby undertake that

: I/We shall provide Hand Trolleys, specialized cargo handling equipment like Pay loader &

Other appropriate equipments, spreaders including attachment of forklift for handling of

diversified type of packages as per requirements, as & when asked by the Manager(CFS/ICD

____________________ or any other officer acting on his behalf or authorized by him for

this purpose.”

I/We undertake that following equipments/trailers of old

models being offered in tender for H&T work at __________________, shall be replaced with

required models/make as per NIT, within 120 days of notice issued by Manager(CFS),

_____________________. or any other officer acting on his behalf or authorized by him for this

purpose.” :

S/No Name of equipment/

trailer

Make Registration No Mfg. Year


Signature

Seal of the firm


101

ANNEXURE-VIII

AFFIDAVIT

(For Sole Proprietary Firm)

Ref.: Tender for Handling & Transport contract at, CFS/ICD__________________.

I, ………………………………………….

R/o……………………………….............................

…………………………………………………………………… do hereby

solemnly affirm and declare as under: ‐

1. That I am Sole Proprietor of ................................................................. (Sole

Proprietor Firm Name)

2. That the office of the firm is situated at

……………………………………………………..

………………………………………………………………………….

DEPONENT

Place:

Date:

VERIFICATION

Verified that the contents of my above said affidavit are true and correct to the best of my

knowledge and belief and nothing has been concealed there from.

DEPONENT

Place: Date:


102

ANNEXURE –IX

FORMAT FOR POWER OF ATTORNEY TO AUTHORIZED SIGNATORY

(To be executed on non-judicial stamp paper of the appropriate value in accordance with

relevant Stamp Act. The stamp paper to be in the name of the firm/ company who is issuing

the Power of Attorney).

We, M/s. (name of the firm/

company with address of the registered office) hereby constitute, appoint and authorize

Mr./Ms.

(Name and residential address) who is

presently with us and holding the position of _ and whose signature

is given below as our Attorney to do in our name and our behalf all or any of the acts, deeds or

things necessary or incidental to our bid for the work

(name of work), including signing and submission of application/ tender / proposal,

participating in meeting, responding to queries, submission of information/documents and

generally to represent us in all the dealings with CWC or any other Government Agency or any

person, in connection with the works until culmination of the process of bidding, till the

Contract Agreement is entered into with CWC and thereafter till the expiry of the Contact

Agreement.

We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney

pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid

Attorney shall always be deemed to have been done by us.

(In case H&T tenderers is Consortium/ Joint Venture)

Our firm is a Member/Lead Member of the Consortium of , and .

Dated this the day of _20

(Signature and name of authorized signatory being given Power of Attorney)

(Signature and name in block letters of Proprietor / All the partners of the firm / Authorized

Signatory for the Company) (Strike out whichever is not applicable)

Seal of the Proprietorship firm / Partnership firm/ Company

Witness 1: Witness2:

Name: Name:

Address: Address:

Occupation: Occupation:


103

Notes:

- In case the Firm/ Company is a Member of a Consortium/ JV, the authorized

signatory has to be the one employed by the Lead Member.

- The mode of execution of the power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executant(s) and when it is so required the same should be under common seal

affixed in accordance with the required procedure.

- Power of Attorney is to be attested by Notary.


104

ANNEXURE –X

Net Worth Certificate

(TO BE ISSUED BY CA FIRM)

The Net Worth of. /Ms./M/s ________ ________ __ ___________ for last financial

year _____________ is Rs. ____________ Lakhs as per his/her/their books of

Accounts.

Net Worth means sum total of paid up share capital plus free reserves. Further any

debit balance of Profit and Loss Account and Misc. Expenses to the extent not

adjusted / or written off, if any, shall be reduced from Reserves and Surpluses.

Signature of Chartered Accountant

Name:

Membership No.:

Seal:


105

ANNEXURE-XI

UNDERTAKING

(compulsory ink signed)

Ref.: Tender for Handling & Transport contract at, CFS/ICD ______________________

I _________________, S/o /D/o ____________, resident of ________________

EMPLOYED AS __________WITH ______________ HAVING OFFICE AT

.......................... PIN............................ I, do hereby solemnly affirm, state and

undertakes asunder:-

1. That I am the authorized representative and signatory of M/s.......................

2. That the document(s) submitted, in Annexure-XVIII has / have been

submitted under my knowledge.

3. That the document(s) submitted, as mentioned above, by M/s ...in Annexure-

XVIII ............................... are authentic, genuine, copies of their originals and have been

issued by the issuing authority mentioned above and no part of the document(s) is false,

forged or fabricated.

4. That no part of this undertaking is false and that this undertaking and the

above declaration in respect of genuineness of the documents has been made having full

knowledge of (i) the provisions of the Indian Penal Code in respect of offences including,

but not limited to those pertaining to criminal breach of trust, cheating and fraud and (ii)

provisions of Tender conditions which entitle the CWC to initiate action in the event of

such declaration turning out to be a misrepresentation or false representation.

5. I undertake accordingly.

Date:

Authorized signatory


106

ANNEXURE–XII

COMPLIANCE TO BID REQUIREMENT

(To be signed by the authorized signatory who is signing/uploading the Bid)

Ref.: Tender for Handling & Transport contract at, CFS/ICD ______________________

We hereby confirm that we have gone through and understood the Tender Documents and

our bid complies with the requirements / terms and conditions of the Tender Document

and subsequent addendum / corrigendum thereof (if any), issued by CWC, without any

deviation/exception/comments/assumptions.

We also confirm that we have quoted the rates without any condition and deviation.

The Technical bid and price bid as required under clause 12 has been submitted along

with the required documents and same have been uploaded under digital signatures of the

authorized signatory. We undertake that the tender document shall be deemed to be our

bid and in the event of award of work to us, the same shall be considered for constitution

of contract agreement. Further, we shall sign and stamp each page of the Tender

Document as token of acceptance and as part of contract in the event of award of contract

to us.

We further confirm that we have quoted our rates in our financial bid as per the conditions

of the Tender Document and for all the items.

Stamp and signature of the bidder:

Name of the bidder:

NOTE:

To be stamped and signed by the authorized signatory who is signing the Bid and submitting

along with the Technical Bid.


107

Annexure-XIII

PRE-CONTRACT INTEGRITY PACT

(Compulsory Ink signed on each page)

General

This pre-bid / pre-contract Agreement (hereinafter called the Integrity Pact) is made on

day of the month of between on one hand, the Central

Warehousing Corporation (A Govt. of India Undertaking), 4/1 Siri Institutional area,

Hauz-Khas, New Delhi, acting through Regional Manager, Central Warehousing

Corporation (A Govt. of India Undertaking) (hereinafter called the “CORPORATION"

which expression shall mean and include, unless the context otherwise requires, his

successors in office and assigns) of the First Part and M/s represented by Shri ,(Name

of the contractor) (herein after called BIDDER which expression shall mean and include,

unless the context otherwise requires, his successor and permitted assigns) of the Second

Part.

WHEREAS the CORPORATION proposes to appoint Handling and Transport contractor

at ICD, Patparganj and the BIDDER is willing to execute the items of work / Section as

per schedule of work, the work order issued General conditions of the contract of CWC.

WHEREAS the BIDDER is a private company / public company / Government

undertaking / partnership firm constituted in accordance with the relevant law in the

matter and the corporation is a PSU performing its functions on behalf of the Ministry of

Consumer Affairs, Food and Public Distribution, New Delhi, Govt. of India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free

from any influence / prejudiced dealings prior to, during and subsequent to the currency of

the contract to be entered into with a view to:-

Enabling the CORPORATION to obtain the desired said work at a competitive price in

conformity with the defined specifications by avoiding the high cost and the distortionary

impact of corruption on public procurement, and Enabling BIDDER to abstain from

bribing or indulging in any corrupt practice in order to secure the contract by providing

assurance to them that their competitors will also abstain from bribing and other corrupt

practices and the CORPORATION will commit to prevent corruption, in any form, by its

officials by following transparent procedures.

The parties hereto hereby agree to enter into this integrity Pact and agree as follows:

[1] Commitments of the Corporation


108

[1.1] The Corporation undertakes that no official of the CORPORATION, connected

directly or indirectly with the contract, will demand, take a promise for or accept, directly

or through intermediaries, any bribe, consideration, gift, reward, favour or any material or

immaterial benefit or any other advantage from the BIDDER, either for themselves or for

any person, organization or third party related to the contract in exchange for an advantage

in the bidding process, bid evaluation, contracting or implementation process related to

the contract.

[1.2] The CORPORATION will, during the pre-contractor stage, treat all BIDDERS alike

and will provide to all BIDDERS the same information and will not provide any such

information to any particular BIDDER which could afford an advantage to that particular

BIDDER in comparison to other BIDDERS.

[1.3] All the officials of the CORPORATION will report to the appropriate authority any

attempted or completed breaches of the above commitments as well as any substantial

suspicion of such a breach.

[2] In case any such preceding misconduct on the part of such official(s) is reported by

the BIDDER to the CORPORATION with full and verifiable facts and the same is

prima facie found to be correct by the CORPORATION, necessary disciplinary

proceedings, or any other action as deemed fit, including criminal proceedings may

be initiated by the CORPORAION and such a person shall be debarred from

further dealings related to the contract process. In such a case while an enquiry is

being conducted by the CORPORAION the proceedings under the contract would

not be stalled.

[3] Commitments of BIDDERS

The BIDDER commits itself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of its bid or during

any pre-contract or post-contract stage in order to secure the contract or in

furtherance to secure it and in particular commit itself to the following:-

[3.1] The BIDDER will not offer, directly or through intermediaries, any bribe, gift,

consideration, reward, favour, any material or immaterial benefit or other

advantage, commission, fees, brokerage or inducement to any official of the

CORPORATION, connected directly or indirectly with the bidding process, or to

any person, organization or third party related to the contract in exchange for any


109

advantage in the bidding, evaluation, contracting and implementation of the

contract.

[3.2] The BIDDER further undertakes that it has not given, offered or promised to give,

directly or indirectly any bribe, gift, consideration, reward, favour, any material or

immaterial benefit or other advantage, commission, fees, brokerage or inducement

to any official of the CORPORATION or otherwise in procuring the Contract or

forbearing to do or having done any act in relation to the obtaining or execution of

the contract or any other contract with the CORPORATION for showing or

forbearing to show favour or disfavour to any person in relation to the contract or

any other contract with the CORPORATION.

[3.3] The BIDDER, either while presenting the bid or during pre-contract negotiations or

before signing the contract, shall disclose any payments he has made, is committed

to or intends to make to officials of the CORPORATION or their family members,

agents, brokers or any other intermediaries in connection with the contract and the

details of services agreed upon for such payments.

[3.4] The BIDDER will not collude with other parties interested in the contract to impair

the transparency, fairness and progress of the bidding process, bid evaluation,

contracting and implementation of the contract.

[3.5] The BIDDER will not accept any advantage in exchange for any corrupt practice,

unfair means and illegal activities.

The BIDDER shall not use improperly, for purposes of competition or personal gain, or

pass on to others, any information provided by the CORPORATION as part of the

business relationship, regarding plans, technical proposals and business details,

including information contained in any electronic data carrier. The BIDDER also

undertakes to exercise due and adequate care lest any such information is divulged.

[3.7] The BIDDER commits to refrain from giving any complaint directly or through

any other manner without supporting it with full and verifiable facts.

[3.8] The BIDDER shall not instigate or cause to instigate any third person to

commit any of the actions mentioned above.

[3.9] If the BIDDER or any employee of the BIDDER or any person acting on behalf of

the BIDDER, either directly or indirectly, is a relative of any of the officers of the

CORPORATION, or alternatively, if any relative of an officer of the

CORPORATION has financial interest / stake in the BIDDER‟s firm, the same

shall be disclosed by the BIDDER at the time of filling of tender.


110

The term „relative‟ for this purpose would be as defined in Section 6 of the

Companies Act 1956.

[3.10] The BIDDER shall not lend to or borrow any money from or enter into any

monetary dealings or transactions, directly or indirectly, with any employee of the

CORPORATION

[4] Previous Transgression

[4.1] The BIDDER declares that no previous transgression occurred in the last three

years immediately before signing of this Integrity Pact, with any other company in

any country in respect of any corrupt practices envisaged hereunder or with any

Public Sector Enterprise in India or any Government Department in India that

could justify BIDDER‟s exclusion from the tender process.

[4.2] The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can

be disqualified from the tender process or the contract, if already awarded, can be

terminated for such reason.

[5] Sanctions for Violations

Any breach of the aforesaid provision by the BIDDER or any one employed by it

or acting on its behalf (whether with or without the knowledge of the BIDDER)

shall entitle the CORPORATION to take all or any one of the following actions,

wherever required:-

[i] To immediately call off the pre-contract negotiations without assigning any reason

or giving any compensation to the BIDDER. However, the proceedings with the

other BIDDER(s) would continue.

[ii] The Earnest Money Deposit (in pre-contract stage) and/ or Security Deposit/

Performance Bond (after the contract is signed) shall stand forfeited either fully or

partially, as decided by the CORPORATION and the CORPORATION shall not be

required to assign any reason therefore.

[iii] To immediately cancel the contract, if already signed, without giving any

compensation to the BIDDER.

[iv] To recover all sums already paid by the CORPORATION, and in case of an Indian

BIDDER with interest thereon at 2% higher than the prevailing Prime Lending

Rate of State Bank of India, while in case of a BIDDER from a country other than

India with interest thereon at 2% higher than the LIBOR. If any outstanding


111

payment is due to the BIDDER from the CORPORATION in connection with any

other contract for any other stores / work such outstanding payment could also be

utilized to recover the aforesaid sum and interest.

[v] To encash the advance bank guarantee and performance bond / warranty bond, if

furnished by the BIDDER, in order to recover the payments, already made by the

CORPORATION, along with interest.

[vi] To cancel all or any other Contracts with the BIDDER. The BIDDER shall be

liable to pay compensation for any loss or damage to the CORPORATION

resulting from such cancellation / rescission and the CORPORATION shall be

entitled to deduct the amount so payable from the money(s) due to the BIDDER.

[vii] To debar the BIDDER from participating in future bidding processes of the

CORPORATION for a minimum period of five years, which may be further

extended at the discretion of the CORPORATION.

[viii] To recover all sums paid in violation of this Pact by BIDDER(s) to any middle

man or agent or broker with a view to securing the contract.

In cases where irrevocable Letters of Credit have been received in respect of any

contract signed by the CORPORATON with the BIDDER, the same shall not be

opened.

[ix] Forfeiture of Performance Bond in case of a decision by the CORPORATION to

forfeit the same without assigning any reason for imposing sanction for violation of

this Pact.

[5.1] The CORPORATION will be entitled to take all or any of the actions mentioned at

para 5 (i) to (ix) of this Pact also on the Commission by the BIDDER or any one

employed by it or acting on its behalf (whether with or without the knowledge of

the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code,

1860 or Prevention of Corruption Act, 1988 or any other statute enacted for

prevention of corruption.

[5.2] The decision of the CORPORATION to the effect that a breach of the provisions of

this Pact has been committed by the BIDDER shall be final and conclusive on the

BIDDER. However, the BIDDER can approach the independent Monitor(s)

appointed for the purposes of this Pact.

[6] Independent Monitor


112

[6.1] The CORPORATION has appointed Independent Monitors (herein after referred to

as Monitors) for this Pact in consultation with the Central Vigilance Commission

Shri Diwan Chand Arya, Flat No. B2A-102, Golf Link Residency, Sector-18-B,

Dwarka, Delhi-75 and Shri Shahnawaz Ali, Flat No. 301, SMR‟s OosmanVinay

Heights, Keshav Nagar, Mettuguda, Secunderabad-500017 have been appointed.

[6.2] The task of the Monitor shall be to review independently and objectively, whether

and to what extent the parties comply with the obligations under this Pact.

[6.3] The Monitor shall not be subject to instructions by the representatives of the parties

and perform their functions neutrally and independently.

[6.4] Both the Parties accept that the monitors have the right to access all the documents

relating to the project / procurement, including minutes of meetings.

[6.5] As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he

will so inform the Authority designated by the CORPORATION.

[6.6] The BIDDER(s) accepts that the Monitor has the right to access without restriction

to all Project documentation of the CORPORATION including that provided by

the BIDDER. The BIDDER will also grant the Monitor, upon his request and

demonstration of a valid interest, unrestricted and unconditional access to his

project documentation. The same is applicable to Sub-contractors. The Monitor

shall be under contractual obligation to treat the information and documents of the

BIDDER / Subcontractor(s) with confidentiality.

[6.7] The CORPORATION will provide to the Monitor sufficient information about all

meetings among the parties related to the Project provided such meetings could

have an impact on the contractual relations between the parties. The parties will

offer to the Monitor the option to participate in such meetings.

[6.8] The Monitor will submit a written report to the designated Authority of

CORPORATION within 8 to 10 weeks from the date of reference or intimation to

him by the CORPORATION / BIDDER and, should the occasion arise, submit

proposals for correcting problematic situations.

[7] Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of

commission, the CORPORATION or its agencies shall be entitled to examine all

the documents including the Books of Accounts of the BIDDER and the BIDDER

shall provide necessary information and documents in English and shall extend all

possible help for the purpose of such examination.


113

[8] Law and Place of Jurisdiction

This Pact is subject to Indian Law. The Place of performance and jurisdiction is the

seat of the CORPORATION.

[9] Other Legal Actions

The actions stipulated in this integrity Pact are without prejudice to any other legal

action that may follow in accordance with the provisions of the extant law in force

relating to any civil or criminal proceedings.

[10] Validity

[10.1]The validity of this Integrity Pact shall be from date of its signing and extend upto 5

years or the complete execution of the contract to the satisfaction of both the

CORPORATION and the BIDDER / Seller, including warranty period, whichever

is later. In case BIDDER is unsuccessful, this integrity Pact shall expire after six

months from the date of the signing of the contract.

[10.2] Should one or several provisions of this Pact out to be invalid; the remainder of this

Pact shall remain valid. In this case, the parties will strive to come to an agreement

to their original intentions.

[10.3] The parties hereby sign this Integrity Pact at on

CORPORATION BIDDER

Name of the Officer

Designation

Witness Witness

1. ______________________ 1. _________________________

2. ______________________ 2. _________________________


114

ANNEXURE-XIV

(AFFIDAVIT ON NON-JUDICIAL STAMP PAPER OF RS ONE HUNDRED VALUE)

Ref.: Tender for Handling & Transport contract at, ICD, Patparganj .

NO CRIMINAL OFFENSE AFFIDAVIT OF THE PROPRIETOR(S)/DIRECTOR(S)/

PARTNER(S) OR OWNERS OF THE COMPANY INCLUDING FIRM/COMPANY/

CONSORTIUM / JOINT VENTURE / SOLE PROPRIETARY FIRM/PARTNERSHIP

FIRM CONFIRMING THAT NO CRIMINAL CASES ARE PENDING AGAINST

THEM

I Mr./Ms. ____________ son/daughter of _____________, INDIAN and residing at (FULL

ADDRESS inc city, state, pin code) do hereby solemnly affirm and sincerely state as follows: -

I SAY THAT I/We wish to participate in the open tender enquiry of Central Warehousing

Corporation for an appointment of contractor for Handling & Transportation work at ICD-

PATPARGANJ as per the terms and conditions of the Tender Enquiry No. TENDER NO:

__________________________________________________

I declare that there is no CRIMINAL OFFENCE REGISTERED/ PENDING against me in

the Court of Law.

I say that the penalty as imposed by CWC will be accepted to me in case, the particulars

declared herein are found contrary later on.

I further undertake to submit the police verification report within 30 days of award of the

contract by CWC. (In case of contract is awarded to me or the company I represent)

(Bidders signature and seal with designation)

DEPONENT

VERIFICATION

I Shri……………………………………. ages about…. years, Designation……………………. the

PROPRIETOR(S)/DIRECTOR(S)/PARTNER(S) OR OWNERS OF THE COMPANY

INCLUDING FIRM/COMPANY/ CONSORTIUM / JOINT VENTURE / SOLE PROPRIETARY

FIRM/PARTNERSHIP FIRM beg to state on solemn affirmation that the particulars furnished by

me in forgoing paragraphs is true and correct and that I have not concealed or misrepresented any

facts.

(Bidders signature and seal with designation)

DEPONENT

(Notary‟s sign)


115

Annexure-XV

UNDERTAKING TO BE GIVEN BY THE TENDERER REGARDING

REGISTRATION UNDER EPF, LABOUR LICENSE, THE CARRIAGE BY ROAD

ACT,2007 AND FOOD SAFETY AND STANDARD ACT,2006

(ON THE LETTER HEAD OF TENDERER).

Ref.: Tender for Handling & Transport contract at, CFS/ ICD, Patparganj .

THE REGIONAL MANAGER

CENTRAL WAREHOUSING CORPORATION,

REGIONAL OFFICE,

DELHI.

I/We……………………………………………. the authorized signatory of the.

…………………………………………… ……………………………… (Name of the

Company/Firm/Association/Consortium/Joint Venture) undertake that presently I/we are not

having required certificate in respect of EPF REGISTRATION, LABOUR LICENSE (Strike out

which is not applicable), but the same shall be submitted to CWC before commencement of work

or as & when asked by CWC.

Regarding registration under The Carriage by Road Act, 2007 and Food Safety and Standard Act,

2006, I/we undertake to obtain required registration from appropriate authority before

commencement of work or as & when asked by CWC. I/we further undertake to comply all rules

and regulation of the said act(s) and we will be responsible for all pros and cons in this regard apart

from to indemnifying the CWC.

.

Signature of the authorized signatory.

With seal


116

ANNEXURE – XVI-A

PRINCIPLES OF THE MEMORANDUM OF UNDERSTANDING TO BE EXECUTED

BETWEEN THE MEMBER ENTITIES OF A BIDDING CONSORTIUM

The principles based on which the Memorandum of Understanding (MOU) shall be executed

between/among the Member Entities of a Bidding Consortium, are stated below:

1. The MOU should clearly specify the roles and responsibilities of each of the Member Entities. It

is expected that the individual members have role definitions not conflicting with that of the other

members of the consortium. The operational responsibility should be assigned to only one of the

Member Entities.

2. The MOU should clearly designate one of the Member Entities as the Lead Member.

3. The Lead Member should be authorized to perform all tasks including, but not limited to

providing information, responding to enquiries, entering into contractual commitments on behalf of

the Bidders, etc. of the Member Entities.

4. The MOU should be duly signed by each of the Member Entities.

5. The MOU should be executed on a stamp paper of appropriate value.

6. The MOU should be specific to the Project.

7. The MOU shall provide that each of the member entities shall be a party to the agreement with

CWC and shall be jointly and severally responsible and liable to fulfill all the obligations to be

assumed by the Bidder under the agreement with the CWC at all times during the period of the

validity of the agreement.

8. The MOU shall provide that no Member Entities shall withdraw from the agreement with CWC

without the prior written approval of CWC, which CWC may refuse if in CWC‟s opinion such

withdrawal will be prejudicial to the interest of CWC.

9. The MOU shall provide that if the Member Entities desire to establish a Special Purpose Vehicle

(SPV) to implement the agreement with CWC, the same shall be (a) a company incorporated under

the Companies Act, 1956; (b) the company‟s sole business shall be to undertake the maintenance

and operations of the facilities for which CWC may select the Bidder and the Special Purpose

Vehicle shall not undertake any other activity without the prior approval of CWC; (c) the Lead

member shall hold minimum of 40% of the voting shares in the Special Purpose Vehicle and out of

the balance at least 20% of the voting shares shall be held by other Member Entities and (d)

notwithstanding the Special Purpose Vehicle, responsibilities, obligations and liabilities of member

entities to CWC shall continue without any change.


117

ANNEXURE – XVI-B

FORMAT OF THE LETER OF COMMITMENT FROM CONSORTIUM/JOINT

VENTURE PARTNERS

(The Letters of Commitment are to be submitted by each of the Promoters/Affiliates of the Bidding

Party/Company/Member Companies of the Bidding Consortium/Joint Venture whose strengths

are to be considered for calculation)

The Regional Manager,

Central Warehousing Corporation,

____________________,

Dear Sir,

Sub.: Handling & Transport contract at ICD, Patparganj …. Reg.

This has reference to the Tender being submitted by _______________ (name of the Lead

Member), in respect of the ____________ venture, in response to the tender for appointment of

Handling & Transport contractor at -CFS, -----------------------, -----------------------. The tender

document has been downloaded by us on _________________/issued by the Central Warehousing

Corporation on _______________.

We hereby confirm the following:

1. We ________________ (name of the member Company), have examined in detail and have

understood and satisfied ourselves regarding the contents including in respect of the following:

The “Tender” document issued by

All subsequent communications between and the Bidder, represented by _____________

(name of the Lead Member) if any;

(The MOU signed between/among __________ (name(s) of member Companies); and

The tender being submitted by __________________________ (name of the Lead

Member).

2. We have satisfied ourselves regarding our role as ______________ (here give a brief

description of the role) in the Contract as specified in the Tender. If _________________

(name of the Bidder/ Bidding Company /Bidding Consortium/Joint Venture) is awarded the

Contract, we shall perform our role as outlined in the Tender to the best of our abilities.

The nature of our legal relationship with the Bidder/Bidding Company/Member Companies of

the Bidding Consortium/Joint Venture is specified in the Tender, as per the requirements

stated in the Tender.

3. We shall be jointly and severally liable and responsible for the due and faithful

Implementation of all obligations of the Agreement with.


118

4. We therefore request to consider our strengths, our experience, and our track record as

specified in the proposal pursuant to the conditions specified in the Tender, for the purposes of

evaluation of the Tender.

For and on behalf of:

Signature:

(Authorized Signatory)

Name of the Person with designation:


119

ANNEXURE-XVII

PROFILE OF THE TENDERER

(On tenderer letter head and ink signed)

Sub.: Handling & Transport contract at ICD Patparganj …. Reg.

1. a) Name

b) Country of incorporation

c) Address of the corporate headquarters and its branch office (s), if any in India.

2. Brief description of the tender including details of its main lines of business and proposed

role and responsibilities in connection with implementation of the tender.

3. Details of individual(s) of the tenderer (Lead member in case of Consortium) who will

serve as the point of contact/communication with CWC.

a) Name :

b) Designation :

c) Company :

d) Address :

e) Telephone Number :

f) E-mail Address :

g) Fax Number :

4. Name, Designation, Address and Phone Numbers of Authorized Signatory of the Tenderer:

a) Name :

b) Designation :

c) Address :

d) Phone No. :

e) Fax No. :

5. PAN No. of Tenderer

6. GST Registration No.

7. TENDERER’S BANKS DETAIL: -

a. Bank Account No


120

b. Nature of Account (SB or current)

c. Name of Bank & Branch

d. MICR Code No.

e. RTGS code Bank (IFSC Code) Place

8. In case of a Consortium:

a) The information above (1-4) should be provided for all the members of the

consortium.

b) Information regarding role of each member should be provided as per table below:

Sl.No. Name of Member entity Role as per MoU

1.

2.

3.

4.

9. No. of Employees :

10. Net worth Turnover and profit for last three financial years (in case of Consortium, the

details of lead member to be given). The copy of audited account be enclosed.

Net worth Turnover Profit

2017-18 :

2018-19 :

2019-20 :

Signature of Power of Attorney Holder (s)……………………………………….

Name…………………………………...

Designation………………………………...

Date……………………...

Phone No.…………………………… Fax No.………………………...

Seal


121

ANNEXURE-XVIII

CHELCKLIST REGARDING UPLOADING OF DOCUMENTS

Sub.: Handling & Transport contract at ICD PATPARGANJ …... Reg.

CHECK POINTS FOR UPLOADING OF TECHNICAL BID DOCUMENTS BY THE

TENDERER

Sl.No. Activity YES/NO/NA Remarks

1(a)

1(b)

1(c)

1(d)

(a) Whether copy of Partnership deed and GPA

duly signed by all the partners uploaded in case

tenderer is a partnership firm; or

(b) Copy of Certificate of Incorporation,

Memorandum of Association and Articles of

Association uploaded in case tenderer is a

Company along with, copy of power of

authority to sign the document also to be

uploaded; or

(c) Copy of Registration Certificate in case of

LLP, Partnership deed and copy of power of

attorney as may be applicable uploaded.

(d) Copy of Registration Certificate in case of

Co- operative Society, By Laws of society,

copy of Resolution for authorization to

participate in tender process and power of

attorney as may be applicable uploaded.

2 Whether copy of audited balance sheet for

preceding three financial years as per eligibility

criteria uploaded. (Where the tenderer is not

under legal obligation to get his Accounts

audited, he can submit a Certificate of

practicing Chartered Accountant certifying his

Annual Turnover and Profit After Tax for

preceding three financial years)

3 Whether copies of audited statement of Profit &

Loss for the past three Years uploaded?

4 Whether certificates Regarding average annual

turnover Duly certified by a Chartered

Accountant uploaded?


122

Sl.No. Activity YES/NO/N

A

Remarks

5 Whether copy of valid GSTN Certificate is

uploaded

6 Whether Copy of Bank Statement uploaded

7 Whether Copy of PAN unloaded

8 Whether proof of EMD uploaded.

9 Whether proof of cost of tender document

uploaded.

10 Whether digitally signed Tender Form and Tech.

bid form uploaded?

11 Whether rates in the rate Bid schedule

uploaded? (Appendix. -I)

12 Whether MSME Registration document and

declaration, (Annexure-I) uploaded?

13 WhetherWork Experience Certificate (Annexure-

II) uploaded?

14 Whether -certificate Regarding black listing etc

(Annexure-III) uploaded?

15 Whether Undertaking of downloading of tender

document (Annexure-IV) uploaded?

16 Whether List of equipment, vehicles

owned/tie- up (Annexure-V) uploaded?

17 Whether Consent for Tie-up arrangement

(Annexure-VI) uploaded?

18 Whether Undertaking to provide required

equipment/trailers (Annexure-VII) uploaded?

19 Whether Sole proprietor Affidavit (Annexure-

VIII) uploaded?

20 Whether POA in favour of Partner/ Authorized

person (Annexure-IX) uploaded?

21 Whether Net Worth Certificate (Annexure-X)

uploaded?

22 Whether by the person signing the tender

(Annexure-XI) uploaded?

23 Whether Compliance of Bid requirement

(Annexure-XII uploaded?)

24 Whether Pre-contract Integrity Pact (Annexure-

XIII) uploaded?

25 Whether Police verification report or Undertaking


123

(Annexure-XIV) uploaded?

26 Whether Copy of EPF Registration, Labour

License, The Carriage by Road Act‟2007 and Food

Safety and Standard Act,2006 OR Undertaking

(Annexure-XV) uploaded?

27 Whether Principles of the Memorandum of

Understanding has been uploaded? (Annexure-

XVI-A)

28 Whether Letter of Commitment from

Consortium/Joint Venture Partners (Annexure-

XVI-B) uploaded?

29 Whether Profile/write up duly signed from the

tenderer uploaded? (Annexure-XVII)

30 Whether Good Working Certificate in respect of

Crane(s) (if applicable)-Uploaded?

31 Whether all the cutting / overwriting Have

been signed by you?

32 Whether each page of the tender has been

digitally signed as a token of proof of having

accepted all terms & Conditions?


124

Annexure-XIX

Volume of work/operation carried out at ICD, Patparganj

during the period from 01.04.2019 to 31.03.2020.

Sl.No. Operation

code

Unit Transaction

handled

Remark

1. A1(1) TEU 1827

2. A1 (2) TEU 674

3. A2(1) TEU 1092

4. A2(2) TEU 423

5. A3 TEU 8165

6. A3(a) TEU 580

7. A3(b) TEU 938

8. A4 TEU 0

9. A5 Quintal 1127720

10. A6 TEU New clause incorporated in

the present tender inquiry.

11. B7 Quintal 125796

12. B (8) (a)(1) TEU 865

13. B8(a) (2) TEU 102

14. B8 (b) TEU 523

15. B8 (c) TEU 0

16. B8 (d) TEU 0

17. B9 TEU 0

18. B10 TEU - New clause incorporated in

the present tender inquiry.

19. C 11 (1) TEU 0

20. C 11 (2) TEU 0

21. C11(a) (1) (2) (3) TEU 0

22. C 12 (i) & (ii) TEU 0

23. C 13(i) TEU 10397

24. C13(ii) TEU 0

25. C14 Quintal 11102

26. C15 Quintal 1737

27. C16 (i) TEU 0

28. C16 (ii) (a)&(b) TEU 0

29. C 17 (i) TEU 0

30. C 17 (ii) TEU 0

Note: Against the item Nos. as mentioned above wherein the figure of transaction handled is less

than 100 or 0, the unit for item will be taken as 100 (cumulatively for the entire row/ clause

or sub-clause and the same shall be proportionately distributed among the sub items/

schedules of work) for the purpose of evaluation of the price bids for arriving at L1, L2 and

so on.


125

PART-II (PRICE BID)

(Pages-125 to 142)


126

APPENDIX-I

SCHEDULE OF RATES

Sl.No. Brief Description of Services Particulars Rate quoted

A. IMPORT OPERATIONS:

1. Providing suitable type of road vehicles at ICD-TKD/TKD-Rail

Siding/ICD Loni/Loni Rail Siding, locating the containers &

arranging expeditious loading thereof and taking over loaded

containers placed by ICD operators on vehicles after due inspection

of the condition of container, the locks and seals etc. on the basis of

EIR and on the completion of required formalities, transporting

the same to ICD-Patparganj or any other ICD/ CFS/Warehouse

within a radius of 30 Kms (within 24 hours of issue of job order

irrespective of any detention due to off-loading/loading, delays or

traffic congestions enroute under Customs‟ escort

wherever/whenever required). Grounding the container at ICD-

Patparganj or any other CFS/Warehouse as above and destuffing

the same whenever necessary under supervision of Customs,

shipping lines/importers and CWC officials as per procedure laid

down, Inventorisation (preparation of inventory) of cargo &

stacking the same in the Warehouse/Open Yard (coveringwith

tarpaulins wherever required) preferably by means of mechanical

1. From ICD-TKD per TEU

2.From ICD-Loni per TEU

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees_______________)


127

equipments or manually, preparing tally sheets in the proforma

prescribed/approved by Manager-ICD and carrying empty

containers to Container Yard or any other designated area of ICD

complex and stacking them at least 3 high (irrespective of time lag

between different operations as mentioned at Clause-XXI A (1).

2. Providing suitable type road vehicles at ICD-TKD/TKD-Rail

Siding/ICD Loni/Loni Rail Siding, locating the container arranging

expeditious loading thereof and taking over loaded containers

placed by ICD-Operators on the vehicles after due inspection of the

condition of the container, the locks and seals and on the

completion of required formalities, transporting the same to ICD-

Patparganj or any other CFS/Warehouse within a radius of 30 KMs

(within 24 hours of issue of job orders, irrespective of any

detention due to off-loading/loading, delays or traffic congestion

enroute under Custom escort wherever required) and

grounding/stacking the container at least upto 3 high at the

nominated place or vice-versa. (As mentioned in Clause XXI A

(2).

3. Destuffing of loaded containers stacked in the yard by grounding

them, wherever necessary (which may include transportation within

the complex) and taking of requisite number of packages or making

of a path way in container for facilitating custom examination


2. From ICD-Loni per TEU

Per TEU

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)


128

(unpacking/opening of packages, repacking/closing them) weighing

the contents (whenever required) on weighing machines, restuffing

the contents and locking containers after custom examination and

loading the same on party‟s vehicle or loading the cargo on the road

vehicles by means of mechanical handling equipment/manually

preparing tally sheets in the proforma prescribed/approved by

Manager-ICD after Inventorisation in presence of custom

authorities, shipping lines/importers and under supervision of CWC

officials and stacking the loaded/empty container as the case may

be, in the container yard or any designated area within ICD-

complex.(As mentioned in Clause XXI A(3).

3(a). Retrieval of import loaded containers from OCY/premises of ICD-

Patparganj and loading of the same with same Custom seal, on to

the road vehicles of the party by means of suitable mechanical

handling equipments after getting clearance from the Customs. (As

mentioned in Clause XXI A-3(a)).

3(b). Unloading the Import cargo from trucks and vehicles placed at ICD

PPG and de-stuffing &stacking them in the godown or in open

space. (Covering with tarpaulins, whenever necessary). Or at any

designated place by mean to suitable mechanical equipment or

any other appropriate means, after due inventorization. (As

mentioned in Clause XXI A-3(b))

Per TEU

Per TEU/Truck

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)


129

4. Retrieval of loaded containers (which may include transportation

within the complex) movement to the import warehouse, destuffing

the container in presence of customs, shipping line/importer and

CWC officials, Inventorisation of the cargo and stacking the same

in the Import Warehouse as per laid down procedure (manually or

by means of mechanical handling equipment) and carrying the

empty containers to container yard or any other designated area

within ICD/CFS complex and stacking them upto 3 high. (As

mentioned in Clause XXI A (4)).

5. Taking required number of packages from the stacks and bringing

them to the designated place for custom examination (which would

include unpacking and repacking of packages, providing suitable

straps etc. or weighment, sealing wherever required free of charges)

and placing them back in the stack, if necessary and loading the

entire consignment into truck/vehicles provided at the Import

Warehouse.(As mentioned in Clause XXI A (5)).

6. Weighment of loaded import one 20‟ container placed in a trailer

having two 20‟ containers– (As mentioned in Clause XXI A (6))

Per TEU

Rate to be quoted on per

quintal basis irrespective of

number/volume of packages

Per TEU

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)


130

B. EXPORT OPERATIONS:

7. Unloading the cargo from trucks/vehicles placed at the ICD &

stacking them in the godowns or in open yard (covering

them with tarpaulins whenever necessary) or at any other

designated place by means of suitable mechanical equipment or by

any other appropriate means, after due inventorization(As

mentioned in Clause XXI B(7).

8(a) Providing labour or appropriate equipments for taking out number

of packages from the racks/stacks/from party‟s vehicles and

bringing them for Custom examination ( which would include

unpacking and repacking of packages providing suitable

straps/seals or weighment wherever required free of cost ) and

placing them in rack/container stack, if necessary & consolidating

the stocks, shifting thenominated empty container to designated

place after retrieving the same from container yard, stuffing them

either from the godown or from party‟s vehicle directly by use of

suitable mechanical equipments or by other means under

supervision of CWC officials, shipping lines and custom authorities

& preparing tally sheets assisting in fumigation of containers

whenever required and sealing the containers on completion of

required formalities after following the prescribed procedure and

transporting loaded container (under customs escorts wherever

necessary ) to ICD TKD/TKD-Rail Siding/ICD Loni/Loni Rail

Rate to be quoted on per

quintal basis irrespective of

number/volume of packages

1. To ICD-TKD per TEU

2. To ICD-Loni per

TEU

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)


131

Siding & handing over the same to ICD operators/authorities and

obtaining of clear Equipment Interchange Certificate, within 12

hours of receipt of job order (As mentioned in Clause XXI B(8-

a).

8 (b) Providing labour or appropriate equipment for taking out required

number of packages from the racks/stacks/parties vehicles and

brining them for customs examination( which would include

unpacking and repacking of packaged providing suitable

straps/seals or weighment wherever required free of cost) and

placing them in rack/stack/container, if necessary, and

consolidating the stocks; shifting the nominated empty containers to

designated place after retrieving the same from container yard

stuffing those either from the godown or from the party‟s vehicle

directly by use of suitable mechanical equipment or by other means

under supervision of CWC officials, shipping lines and customs

authorities, preparing the tally sheets, assisting in fumigation of

container wherever required, locking and sealing the containers on

completion of required formalities after following the prescribed

procedure and subsequent internal movement of loaded container to

make space available for keeping of next container for stuffing and

lift on of loaded/stuffed container on to the road vehicles of parties

(As mentioned in Clause XXI B(8-b).

Per TEU

Rs. ____________________

(Rupees_________________)


132

8 (c)Lift-off of the excise sealed container from the party‟s vehicle under

supervision of the CWC official, shipping line and Customs

Authority, preparing the tally sheets, if required, sealing the

container by the Customs/shipping lines seal after completion of the

required formalities and clearance from customs, lift-on the loaded

export container, and transporting the loaded container (under

Customs escort wherever necessary) to ICD TKD/TKD rail

siding/ICD-Loni/Loni Rail siding and handing over the same to the

ICD operator/authorities and obtain the clear Equipment Inter-

change Report. (As mentioned in Clause XXI-B 8c).

8 (d) Lift off excise sealed container from the party‟s vehicle under

supervision of the CWC official, shipping line and Customs

Authority, preparing the tally sheets, if required, and sealing the

container by the Customs and shipping lines seal after completion

of the required formalities and approval of customs, lift-on the

loaded export container and loading on to the road vehicle of the

party. (As mentioned in Clause XXI-B-8d)

9.Destuffing of stuffed export container and destuffing of the same into

another or same container in the presence of customer, shipping

lines, CWC officials locking and sealing of the same after

following the prescribed procedure (As mentioned in Clause

XXI B (9)).

Per TEU

1) From ICD-PPG to ICD-

TKD.

2) Ex-ICD-PPG to ICD-

Loni

Per TEU

Per TEU

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees_________________)


133

10.Weighment of Export Loaded one 20‟ Container placed in a trailer

having two 20‟ containers- (As mentioned in Clause No. XXI B

(10))

C. GENERAL OPERATIONS: -

11. Providing of suitable vehicles at ICD TKD/TKD Rail Siding/ICD

Loni/Loni Rail Siding, taking over empty container after inspection,

transporting the same to ICD, Patparganj or any other

CFS/Warehouse within a radius of 30 KMs as mentioned here in

the tender (within 24 hours of receipt of job orders irrespective of

any detention due to off loading/loading of traffic congestion

enroute) or vice-versa and stacking the same at least 3 high

including lift on/lift off wherever necessary.(As mentioned in

Clause XXI C(11).

11(a) Providing of suitable vehicles at ICD TKD/TKD Rail Siding/ICD-

Patparganj/ICD-Dadri/Dadri Railhead, taking over empty container

after inspection, transporting the same to ICD-Loni/Loni railhead

within 24 hours of receipt of Job Orders irrespective of any

detention due to off-loading/loading or traffic congestion en-route

and handing over the same at ICD-Loni/Loni Railhead (As

mentioned in Clause XXI- C-11(a)

Per TEU


2. From ICD-Loni per TEU

1. From ICD-Patparganj

For 20’

For 40’

2. From ICD-TKD/TKD

Railhead.

For 20’

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees_______________)


134

12. The contractor shall provide suitable equipment and undertake

shifting of empty/loaded containers from one location to another

location within the ICD/CFS/ Warehouse complex at the designated

place and stacking the same at least three high by using appropriate

handling equipment (As mentioned in Clause XXI C (12).

(i) For empty containers

(ii) For loaded containers

13. Lift on/ lift off of the containers into/from road vehicles of parties

For 40’

3. From ICD-Dadri/Dadri

railhead.

For 20’

For 40’

Per TEU

Per TEU

Rs. ____________________

(Rupees_______________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees_______________)

Rs. ____________________

(Rupees________________)


135

at the ICD. This should be completed within 2 hours of getting the

job order from CWC (As mentioned in Clause XXI C (13).

(i) For empty container

(ii) For loaded container

14. Movement /shifting of cargo from one place to any other place

within the ICD/CFS godown or loading on the party‟s vehicles. (As

mentioned in Clause XXI C (14).

15. Movement/shifting of cargo after destacking from one godown to

another within ICD complex and restacking the same (As

mentioned in Clause XXI C(15).

Per TEU

Per TEU

Per Quintals basis irrespective

of number/ volume of

packages.

Per Quintals basis irrespective

of number/ volume of

packages

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)


136

FACTORY DESTUFFING/STUFFING OF CONTAINERS:

IMPORT OPERATION:

16(i) Transportation of Container to /from designated

places other than ICD: -

Lift-on the loaded import containers from ICD

Container Yard or any other area within the ICD

complex on to the road vehicles, transportation of the

same to the designated area in the factory located at

the distance specified and bringing back the empty

containers from factory to ICD, unloading the

container & stacking upto three high in the container

yard.(As mentioned in Clause XXI- 16(i).

(The distance shall be upto the location of the

designated place as stipulated in the tender document

for carrying out to & fro operation.)

RATE

Upto 25 KMs

For 20’

For 40’

Above 25 KMs &

upto 50 KMs

For 20’

For 40’

Above 50 KMs &

upto 75 KMs

For 20’

For 40’

Above 75 KMs &

upto 100 KMs

For 20’

For 40’

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)


137

EXPORT OPERATION:

16. (ii) Transportation of empty containers including lift-on

from ICD- Container Yard to the designated place

located at the distance specified for factory stuffing

and bringing back the loaded containers wherever

necessary to ICD, Patparganj after satisfying about

the condition of the containers lock, seals & after

completion of the required formalities such as sealing

by the Central Excise/Customs officials and

transportation of the same to ICD-TKD/ICD Loni&

handing over the loaded container after exchange of

Equipment Interchange Report (EIR) (As mentioned

in Clause XXI-16(ii).

(The distance upto the location of the designated place

as stipulated in the tender document for carrying out

to and fro operations)

a) RATE

For Transportation of

loaded container ICD

TKD

Upto 25 KMs

For 20’

For 40’

Above 25 KMs &

upto 50 KMs

For 20’

For 40’

Above 50 KMs &

upto 75 KMs

For 20’

For 40’

Above 75 KMs &

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees_________________)


138

upto 100 KMs

For 20’

For 40’

b) RATE

For Transportation of

loaded container ICD

Loni

Upto 25 KMs

For 20’

For 40’

Above 25 KMs &

upto 50 KMs

For 20’

For 40’

Above 50 KMs &

upto 75 KMs

For 20’

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________


139

LOCAL TRANSPORT OF CONTAINERS:

17 (i) Transportation of loaded container to designated place of factory

located at the distance specified for destuffing but returned without

destuffing at factory due to any reason and stacking in ICD-

complex upto 3 high (As mentioned in Clause XXI (17).

For 40’

Above 75 KMs &

upto 100 KMs

For 20’

For 40’

RATE

Upto 25 KMs

For 20’

For 40’

Above 25 KMs &

upto 50 KMs

For 20’

For 40’

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________


140

17 (ii) Transportation of empty container to designated place of factory

located at the distance specified for stuffing but returned without

stuffing from factory & stacking in ICD complex upto 3 high (As

mentioned in Clause XXI (17).

Above 50 KMs &

upto 75 KMs

For 20’

For 40’

Above 75 KMs &

upto 100 KMs

For 20’

For 40’

RATE

Upto 25 KMs

For 20’

For 40’

Above 25 KMs &

upto 50 KMs

For 20’

(Rupees_________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________


141

For 40’

Above 50 KMs &

upto 75 KMs

For 20’

For 40’

Above 75 KMs &

upto 100 KMs

For 20’

For 40’

(Rupees_________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees_________________)

Rs. ____________________

(Rupees________________)

Rs. ____________________

(Rupees________________)

Note:

1. The rate for FEU wherever applicable, shall be regulated to 1.5 times of TEU rates irrespective of quoted by tenderer. However,

tenderer may quote rate for FEU even below 1.5 times of TEU rates.

2. The rates quoted are exclusive of GST or any other Tax levied by the Central Government in lieu of GST and the same will be

payable by the Corporation over and above the quoted rates.

(SIGNATURE OF THE TENDERER)

Capacity in which signing


142

~: End of Document: ~


(A Government of India Undertaking)

Regional office

Scope Minar, Core-3, 1st floor,

Laxmi Nagar Distt. Centre

Delhi-110092

[email protected]

